1-1  By:  Shapiro, Sims                                      S.B. No. 45
    1-2        (In the Senate - Filed November 14, 1994; January 10, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 20, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; March 20, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 45                   By:  Shapiro
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the punishment and eligibility for parole of certain
   1-11  defendants charged with sexual offenses.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subsection (d), Section 12.42, Penal Code, is
   1-14  amended to read as follows:
   1-15        (d)(1)  If it is shown on the trial of a felony offense that
   1-16  the defendant has previously been finally convicted of two felony
   1-17  offenses, and the second previous felony conviction is for an
   1-18  offense that occurred subsequent to the first previous conviction
   1-19  having become final, on conviction he shall be punished by
   1-20  imprisonment in the institutional division of the Texas Department
   1-21  of Criminal Justice for life, or for any term of not more than 99
   1-22  years or less than 25 years.
   1-23              (2)  A defendant shall be punished by imprisonment in
   1-24  the institutional division for life if:
   1-25                    (A)  the defendant is convicted of an offense:
   1-26                          (i)  under Section 22.021, Penal Code;
   1-27                          (ii)  under Section 20.04(a)(4), Penal
   1-28  Code, if the defendant committed the offense with the intent to
   1-29  violate or abuse the victim sexually; or
   1-30                          (iii)  under Section 30.02, Penal Code,
   1-31  punishable under Subsection (d) of that section, if the defendant
   1-32  committed the offense with the intent to commit a felony described
   1-33  by Subparagraph (i) or (ii) or a felony under Section 21.11 or
   1-34  22.011, Penal Code; and
   1-35                    (B)  the defendant has been previously convicted
   1-36  of two felony offenses, at least one of which is an offense:
   1-37                          (i)  under Section 43.25 or 43.26, Penal
   1-38  Code;
   1-39                          (ii)  under Section 21.11, 22.011, 22.021,
   1-40  or 25.02, Penal Code;
   1-41                          (iii)  under Section 20.04(a)(4), Penal
   1-42  Code, if the defendant committed the offense with the intent to
   1-43  violate or abuse the victim sexually; or
   1-44                          (iv)  under Section 30.02, Penal Code,
   1-45  punishable under Subsection (d) of that section, if the defendant
   1-46  committed the offense with the intent to commit a felony described
   1-47  by Subparagraph (ii) or (iii).
   1-48        SECTION 2.  Subsection (g), Section 7, Article 42.18, Code of
   1-49  Criminal Procedure, is amended to read as follows:
   1-50        (g)  The board may grant parole to a person required under
   1-51  Section 8(b)(2) to serve 40 calendar years before becoming eligible
   1-52  for release on parole <convicted of a capital felony> only on a
   1-53  two-thirds vote of the entire membership of the board.  The entire
   1-54  membership of the board must meet in person to vote on the inmate's
   1-55  release on parole, and a member of the board may not vote on the
   1-56  release unless the member first receives a copy of a written report
   1-57  prepared by a psychiatrist selected by the Managed Health Care
   1-58  Advisory Committee to the Texas Department of Criminal Justice on
   1-59  the probability that the inmate would commit additional offenses if
   1-60  released.
   1-61        SECTION 3.  Subdivision (2), Subsection (b), Section 8,
   1-62  Article 42.18, Code of Criminal Procedure, is amended to read as
   1-63  follows:
   1-64              (2)  A <If a> prisoner <is> serving a life sentence
   1-65  <for a capital felony, the prisoner> is not eligible for release on
   1-66  parole until the actual calendar time the prisoner has served,
   1-67  without consideration of good conduct time, equals 40 calendar
   1-68  years, if the prisoner is serving a sentence for a capital felony
    2-1  or the prisoner is serving a life sentence imposed under Section
    2-2  12.42(d)(2), Penal Code.
    2-3        SECTION 4.  (a)  The change in law made by Sections 1 and 3
    2-4  of this Act apply only to a defendant convicted of an offense
    2-5  committed on or after the effective date of this Act.  For purposes
    2-6  of this section, an offense is committed before the effective date
    2-7  of this Act if any element of the offense occurs before the
    2-8  effective date.
    2-9        (b)  A defendant convicted of an offense committed before the
   2-10  effective date of this Act is covered by the law in effect when the
   2-11  offense was committed, and the former law is continued in effect
   2-12  for that purpose.
   2-13        SECTION 5.  The change in law made by Section 2 of this Act
   2-14  to Subsection (g), Section 7, Article 42.18, Code of Criminal
   2-15  Procedure, applies to a defendant convicted of an offense committed
   2-16  before, on, or after the effective date of this Act.
   2-17        SECTION 6.  This Act takes effect September 1, 1995.
   2-18        SECTION 7.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended.
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