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.