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.
2-23 * * * * *