S.B. No. 45
AN ACT
1-1 relating to punishment, eligibility for parole, and parole release
1-2 procedures for certain dangerous defendants.
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 convicted of a
2-18 capital felony, a person convicted of an offense under Section
2-19 21.11(a)(1) or 22.021, Penal Code, or a person required under
2-20 Section 8(b)(2) to serve 35 calendar years before becoming eligible
2-21 for release on parole only on a two-thirds vote of the entire
2-22 membership of the board. The entire membership of the board must
2-23 vote on the inmate's release on parole, and a member of the board
2-24 may not vote on the release unless the member first receives a copy
2-25 of a written report from the Texas Department of Criminal Justice
2-26 on the probability that the inmate would commit additional offenses
2-27 if 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) If a prisoner is serving a life sentence for a
3-5 capital felony, the prisoner is not eligible for release on parole
3-6 until the actual calendar time the prisoner has served, without
3-7 consideration of good conduct time, equals 40 calendar years. If a
3-8 prisoner is serving a life sentence imposed under Section
3-9 12.42(d)(2), Penal Code, the prisoner is not eligible for release
3-10 on parole until the actual calendar time the prisoner has served,
3-11 without consideration of good conduct time, equals 35 calendar
3-12 years.
3-13 SECTION 4. (a) The change in law made by Sections 1 and 3
3-14 of this Act applies only to a defendant convicted of an offense
3-15 committed on or after the effective date of this Act. For purposes
3-16 of this section, an offense is committed before the effective date
3-17 of this Act if any element of the offense occurs before the
3-18 effective date.
3-19 (b) A defendant convicted of an offense committed before the
3-20 effective date of this Act is covered by the law in effect when the
3-21 offense was committed, and the former law is continued in effect
3-22 for that purpose.
3-23 SECTION 5. The change in law made by Section 2 of this Act
3-24 to Subsection (g), Section 7, Article 42.18, Code of Criminal
3-25 Procedure, applies to a defendant convicted of an offense committed
3-26 before, on, or after the effective date of this Act.
3-27 SECTION 6. This Act takes effect September 1, 1995.
4-1 SECTION 7. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.