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.