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.