By Jones of Dallas H.B. No. 790
74R192 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment and eligibility for parole of defendants
1-3 convicted of habitual acts of sexual assault.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.011, Penal Code, is amended by
1-6 amending Subsection (f) and adding Subsection (g) to read as
1-7 follows:
1-8 (f) Except as provided by Subsection (g), an <An> offense
1-9 under this section is a felony of the second degree.
1-10 (g) An offense under this section is punishable by
1-11 imprisonment in the institutional division for life if it is shown
1-12 on the trial of the offense that the actor has previously been
1-13 convicted:
1-14 (1) two or more times under this section;
1-15 (2) two or more times under Section 22.021; or
1-16 (3) at least one time under this section and at least
1-17 one time under Section 22.021.
1-18 SECTION 2. Section 22.021, Penal Code, is amended by
1-19 amending Subsection (e) and adding Subsection (f) to read as
1-20 follows:
1-21 (e) Except as provided by Subsection (f), an <An> offense
1-22 under this section is a felony of the first degree.
1-23 (f) An offense under this section is punishable by
1-24 imprisonment in the institutional division for life if it is shown
2-1 on the trial of the offense that the actor has previously been
2-2 convicted:
2-3 (1) two or more times under this section;
2-4 (2) two or more times under Section 22.011; or
2-5 (3) at least one time under this section and at least
2-6 one time under Section 22.011.
2-7 SECTION 3. Section 8(b)(2), Article 42.18, Code of Criminal
2-8 Procedure, is amended to read as follows:
2-9 (2) If a prisoner is serving a life sentence for a
2-10 capital felony, the prisoner is not eligible for release on parole
2-11 until the actual calendar time the prisoner has served, without
2-12 consideration of good conduct time, equals 40 calendar years. A
2-13 prisoner serving a life sentence imposed under Section 22.011(g) or
2-14 22.021(f), Penal Code, is not eligible for release on parole.
2-15 SECTION 4. (a) The change in law made by this Act applies
2-16 only to an offense committed on or after the effective date of this
2-17 Act. For purposes of this section, an offense is committed before
2-18 the effective date of this Act if any element of the offense occurs
2-19 before the effective date.
2-20 (b) An offense committed before the effective date of this
2-21 Act is covered by the law in effect when the offense was committed,
2-22 and the former law is continued in effect for that purpose.
2-23 SECTION 5. This Act takes effect September 1, 1995.
2-24 SECTION 6. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.