By Shapiro S.B. No. 45
74R1450 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an affirmative finding of sexual motivation and to the
1-3 punishment and eligibility of certain repeat sexual offenders who
1-4 victimize children for parole or release on mandatory supervision.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 12.42(c), Penal Code, is amended to read
1-7 as follows:
1-8 (c)(1) Except as provided by Subdivision (2), if <If> it is
1-9 shown on the trial of a first-degree felony that the defendant has
1-10 been once before convicted of a felony, on conviction he shall be
1-11 punished by imprisonment in the institutional division of the Texas
1-12 Department of Criminal Justice for life, or for any term of not
1-13 more than 99 years or less than 15 years.
1-14 (2) A defendant shall be punished by imprisonment in
1-15 the institutional division for life if it is shown on the trial of
1-16 a first-degree felony, the judgment for which will contain an
1-17 affirmative finding under Article 42.015, Code of Criminal
1-18 Procedure, that the defendant has previously been convicted of an
1-19 offense:
1-20 (A) under Section 21.11(a)(1), 43.25, or 43.26;
1-21 (B) under Section 22.011, 22.021, or 25.02, if
1-22 the victim of the offense was younger than 17 years of age at the
1-23 time of the commission of the offense; or
1-24 (C) for which the judgment contains an
2-1 affirmative finding under Article 42.015, Code of Criminal
2-2 Procedure.
2-3 (3) In addition to imprisonment, an individual may be
2-4 punished by a fine not to exceed $10,000.
2-5 SECTION 2. Chapter 42, Code of Criminal Procedure, is
2-6 amended by adding Article 42.015 to read as follows:
2-7 Art. 42.015. FINDING OF SEXUAL MOTIVATION. In the trial of
2-8 an offense, the court shall make an affirmative finding of fact and
2-9 enter the affirmative finding in the judgment in the case if the
2-10 court determines that the defendant committed the offense with an
2-11 intent to arouse or gratify the sexual desire of:
2-12 (1) the defendant, if at the time of the offense the
2-13 object of the desire was a person younger than 17 years of age; or
2-14 (2) any person who at the time of the offense was
2-15 younger than 17 years of age.
2-16 SECTION 3. Article 42.01, Code of Criminal Procedure, is
2-17 amended by adding Section 7 to read as follows:
2-18 Sec. 7. In addition to the information described by Section
2-19 1, the judgment should reflect affirmative findings entered
2-20 pursuant to Article 42.015.
2-21 SECTION 4. Section 8(b)(1), Article 42.18, Code of Criminal
2-22 Procedure, is amended to read as follows:
2-23 (1) A prisoner under sentence of death or a prisoner
2-24 serving a life sentence under Section 12.42(c)(2), Penal Code, is
2-25 not eligible for parole.
2-26 SECTION 5. Section 8(c), Article 42.18, Code of Criminal
2-27 Procedure, is amended to read as follows:
3-1 (c) Except as otherwise provided by this subsection, a
3-2 prisoner who is not on parole shall be released to mandatory
3-3 supervision by order of a parole panel when the calendar time he
3-4 has served plus any accrued good conduct time equal the maximum
3-5 term to which he was sentenced. A prisoner released to mandatory
3-6 supervision shall, upon release, be deemed as if released on
3-7 parole. To the extent practicable, arrangements for the prisoner's
3-8 proper employment, maintenance, and care shall be made prior to his
3-9 release to mandatory supervision. The period of mandatory
3-10 supervision shall be for a period equivalent to the maximum term
3-11 for which the prisoner was sentenced less calendar time actually
3-12 served on the sentence. The time served on mandatory supervision
3-13 is calculated as calendar time. Every prisoner while on mandatory
3-14 supervision shall remain in the legal custody of the state and
3-15 shall be amenable to conditions of supervision ordered by the
3-16 parole panel. A prisoner may not be released to mandatory
3-17 supervision if the prisoner is serving a sentence for an offense
3-18 and the judgment for the offense contains an affirmative finding
3-19 under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
3-20 of this code or if the prisoner is serving a sentence for:
3-21 (1) a first degree felony under Section 19.02, Penal
3-22 Code (Murder);
3-23 (2) a capital felony under Section 19.03, Penal Code
3-24 (Capital Murder);
3-25 (3) a first degree felony or a second degree felony
3-26 under Section 20.04, Penal Code (Aggravated Kidnapping);
3-27 (4) a second degree felony under Section 22.011, Penal
4-1 Code (Sexual Assault);
4-2 (5) a second degree or first degree felony under
4-3 Section 22.02, Penal Code (Aggravated Assault);
4-4 (6) a first degree felony under Section 22.021, Penal
4-5 Code (Aggravated Sexual Assault);
4-6 (7) a first degree felony under Section 22.04, Penal
4-7 Code (Injury to a Child, <or an> Elderly Individual, or Disabled
4-8 Individual);
4-9 (8) a first degree felony under Section 28.02, Penal
4-10 Code (Arson);
4-11 (9) a second degree felony under Section 29.02, Penal
4-12 Code (Robbery);
4-13 (10) a first degree felony under Section 29.03, Penal
4-14 Code (Aggravated Robbery);
4-15 (11) a first degree felony under Section 30.02, Penal
4-16 Code (Burglary), if the offense is punished under Subsection (d)(2)
4-17 <or (d)(3)> of that section;
4-18 (12) an offense punishable by imprisonment for life
4-19 under Section 12.42(c)(2), Penal Code; or
4-20 (13) a felony for which the punishment is increased
4-21 under Section 481.134, Health and Safety Code (Drug-Free Zones).
4-22 SECTION 6. (a) The change in law made by this Act applies
4-23 only to an offense committed on or after the effective date of this
4-24 Act. For purposes of this section, an offense is committed before
4-25 the effective date of this Act if any element of the offense occurs
4-26 before the effective date.
4-27 (b) An offense committed before the effective date of this
5-1 Act is covered by the law in effect when the offense was committed,
5-2 and the former law is continued in effect for that purpose.
5-3 SECTION 7. This Act takes effect September 1, 1995.
5-4 SECTION 8. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.