By: Shapiro, Sims S.B. No. 45
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the punishment and eligibility for parole of certain
1-2 defendants charged with sexual offenses.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (d), Section 12.42, Penal Code, is
1-5 amended to read as follows:
1-6 (d)(1) If it is shown on the trial of a felony offense that
1-7 the defendant has previously been finally convicted of two felony
1-8 offenses, and the second previous felony conviction is for an
1-9 offense that occurred subsequent to the first previous conviction
1-10 having become final, on conviction he shall be punished by
1-11 imprisonment in the institutional division of the Texas Department
1-12 of Criminal Justice for life, or for any term of not more than 99
1-13 years or less than 25 years.
1-14 (2) A defendant shall be punished by imprisonment in
1-15 the institutional division for life if:
1-16 (A) the defendant is convicted of an offense:
1-17 (i) under Section 22.021, Penal Code;
1-18 (ii) under Section 20.04(a)(4), Penal
1-19 Code, if the defendant committed the offense with the intent to
1-20 violate or abuse the victim sexually; or
1-21 (iii) under Section 30.02, Penal Code,
1-22 punishable under Subsection (d) of that section, if the defendant
1-23 committed the offense with the intent to commit a felony described
1-24 by Subparagraph (i) or (ii) or a felony under Section 21.11 or
2-1 22.011, Penal Code; and
2-2 (B) the defendant has been previously convicted
2-3 of two felony offenses, at least one of which is an offense:
2-4 (i) under Section 43.25 or 43.26, Penal
2-5 Code;
2-6 (ii) under Section 21.11, 22.011, 22.021,
2-7 or 25.02, Penal Code;
2-8 (iii) under Section 20.04(a)(4), Penal
2-9 Code, if the defendant committed the offense with the intent to
2-10 violate or abuse the victim sexually; or
2-11 (iv) under Section 30.02, Penal Code,
2-12 punishable under Subsection (d) of that section, if the defendant
2-13 committed the offense with the intent to commit a felony described
2-14 by Subparagraph (ii) or (iii).
2-15 SECTION 2. Subsection (g), Section 7, Article 42.18, Code of
2-16 Criminal Procedure, is amended to read as follows:
2-17 (g) The board may grant parole to a person required under
2-18 Section 8(b)(2) to serve 40 calendar years before becoming eligible
2-19 for release on parole <convicted of a capital felony> only on a
2-20 two-thirds vote of the entire membership of the board. The entire
2-21 membership of the board must meet in person to vote on the inmate's
2-22 release on parole, and a member of the board may not vote on the
2-23 release unless the member first receives a copy of a written report
2-24 prepared by a psychiatrist selected by the Managed Health Care
2-25 Advisory Committee to the Texas Department of Criminal Justice on
2-26 the probability that the inmate would commit additional offenses if
2-27 released.
3-1 SECTION 3. Subdivision (2), Subsection (b), Section 8,
3-2 Article 42.18, Code of Criminal Procedure, is amended to read as
3-3 follows:
3-4 (2) A <If a> prisoner <is> serving a life sentence
3-5 <for a capital felony, the prisoner> is not eligible for release on
3-6 parole until the actual calendar time the prisoner has served,
3-7 without consideration of good conduct time, equals 40 calendar
3-8 years, if the prisoner is serving a sentence for a capital felony
3-9 or the prisoner is serving a life sentence imposed under Section
3-10 12.42(d)(2), Penal Code.
3-11 SECTION 4. (a) The change in law made by Sections 1 and 3
3-12 of this Act apply only to a defendant convicted of an offense
3-13 committed on or after the effective date of this Act. For purposes
3-14 of this section, an offense is committed before the effective date
3-15 of this Act if any element of the offense occurs before the
3-16 effective date.
3-17 (b) A defendant convicted of an offense committed before the
3-18 effective date of this Act is covered by the law in effect when the
3-19 offense was committed, and the former law is continued in effect
3-20 for that purpose.
3-21 SECTION 5. The change in law made by Section 2 of this Act
3-22 to Subsection (g), Section 7, Article 42.18, Code of Criminal
3-23 Procedure, applies to a defendant convicted of an offense committed
3-24 before, on, or after the effective date of this Act.
3-25 SECTION 6. This Act takes effect September 1, 1995.
3-26 SECTION 7. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.