By Shapiro S.B. No. 112
74R2265 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 eligibility for release on parole or mandatory supervision of
1-4 inmates serving sentences for certain sexual or assaultive offenses
1-5 against children.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 42, Code of Criminal Procedure, is
1-8 amended by adding Article 42.015 to read as follows:
1-9 Art. 42.015. FINDING OF SEXUAL MOTIVATION. In the trial of
1-10 an offense, the court shall make an affirmative finding of fact and
1-11 enter the affirmative finding in the judgment in the case if the
1-12 court determines that the defendant committed the offense with an
1-13 intent to arouse or gratify the sexual desire of:
1-14 (1) the defendant, if at the time of the offense the
1-15 object of the desire was a person younger than 17 years of age; or
1-16 (2) any person who at the time of the offense was
1-17 younger than 17 years of age.
1-18 SECTION 2. Article 42.01, Code of Criminal Procedure, is
1-19 amended by adding Section 7 to read as follows:
1-20 Sec. 7. In addition to the information described by Section
1-21 1, the judgment should reflect affirmative findings entered
1-22 pursuant to Article 42.015.
1-23 SECTION 3. Sections 8(b) and (c), Article 42.18, Code of
1-24 Criminal Procedure, are amended to read as follows:
2-1 (b)(1) A prisoner under sentence of death is not eligible
2-2 for parole.
2-3 (2) If a prisoner is serving a life sentence for a
2-4 capital felony, the prisoner is not eligible for release on parole
2-5 until the actual calendar time the prisoner has served, without
2-6 consideration of good conduct time, equals 40 calendar years.
2-7 (3) If a prisoner, other than a prisoner described by
2-8 Subdivision (4) or (5) of this subsection, is serving a sentence
2-9 for the offenses listed in Subdivision (1)(A), (C), (D), (E), or
2-10 (F) of Section 3g(a), Article 42.12 of this code, or if the
2-11 judgment contains an affirmative finding under Subdivision (2) of
2-12 Subsection (a) of Section 3g of that article, he is not eligible
2-13 for release on parole until his actual calendar time served,
2-14 without consideration of good conduct time, equals one-half of the
2-15 maximum sentence or 30 calendar years, whichever is less, but in no
2-16 event shall he be eligible for release on parole in less than two
2-17 calendar years.
2-18 (4) If a prisoner is serving a sentence for an offense
2-19 under Section 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal
2-20 Code, committed against a child who was younger than 17 years of
2-21 age at the time of the commission of the offense, or a sentence for
2-22 an offense for which the judgment contains an affirmative finding
2-23 under Article 42.015, the prisoner is not eligible for release on
2-24 parole until the prisoner's actual calendar time served, without
2-25 consideration of good conduct time, equals 85 percent of the
2-26 maximum sentence, but in no event shall the prisoner be released in
2-27 less than two calendar years.
3-1 (5) If a prisoner is serving a sentence for which the
3-2 punishment is increased under Section 481.134, Health and Safety
3-3 Code, the prisoner is not eligible for release on parole until the
3-4 prisoner's actual calendar time served, without consideration of
3-5 good conduct time, equals five years or the maximum term to which
3-6 the prisoner was sentenced, whichever is less.
3-7 (6) <(5)> Except as provided by Subsection (m) of this
3-8 section, all other prisoners shall be eligible for release on
3-9 parole when their calendar time served plus good conduct time
3-10 equals one-fourth of the maximum sentence imposed or 15 years,
3-11 whichever is less.
3-12 (c) Except as otherwise provided by this subsection, a
3-13 prisoner who is not on parole shall be released to mandatory
3-14 supervision by order of a parole panel when the calendar time he
3-15 has served plus any accrued good conduct time equal the maximum
3-16 term to which he was sentenced. A prisoner released to mandatory
3-17 supervision shall, upon release, be deemed as if released on
3-18 parole. To the extent practicable, arrangements for the prisoner's
3-19 proper employment, maintenance, and care shall be made prior to his
3-20 release to mandatory supervision. The period of mandatory
3-21 supervision shall be for a period equivalent to the maximum term
3-22 for which the prisoner was sentenced less calendar time actually
3-23 served on the sentence. The time served on mandatory supervision
3-24 is calculated as calendar time. Every prisoner while on mandatory
3-25 supervision shall remain in the legal custody of the state and
3-26 shall be amenable to conditions of supervision ordered by the
3-27 parole panel. A prisoner may not be released to mandatory
4-1 supervision if the prisoner is serving a sentence for an offense
4-2 and the judgment for the offense contains an affirmative finding
4-3 under <Subdivision (2), Subsection (a),> Section 3g(a)(2), Article
4-4 42.12, or Article 42.015 <of this code> or if the prisoner is
4-5 serving a sentence for:
4-6 (1) a first degree felony under Section 19.02, Penal
4-7 Code (Murder);
4-8 (2) a capital felony under Section 19.03, Penal Code
4-9 (Capital Murder);
4-10 (3) a first degree felony or a second degree felony
4-11 under Section 20.04, Penal Code (Aggravated Kidnapping);
4-12 (4) a second degree felony under Section 22.011, Penal
4-13 Code (Sexual Assault);
4-14 (5) a second degree or first degree felony under
4-15 Section 22.02, Penal Code (Aggravated Assault);
4-16 (6) a first degree felony under Section 22.021, Penal
4-17 Code (Aggravated Sexual Assault);
4-18 (7) a first degree felony under Section 22.04, Penal
4-19 Code (Injury to a Child or an Elderly Individual);
4-20 (8) a first degree felony under Section 28.02, Penal
4-21 Code (Arson);
4-22 (9) a second degree felony under Section 29.02, Penal
4-23 Code (Robbery);
4-24 (10) a first degree felony under Section 29.03, Penal
4-25 Code (Aggravated Robbery);
4-26 (11) a first degree felony under Section 30.02, Penal
4-27 Code (Burglary), if the offense is punished under Subsection (d)(2)
5-1 or (d)(3) of that section;
5-2 (12) an offense under Section 21.11 (Indecency With a
5-3 Child), 25.02 (Prohibited Sexual Conduct), 43.25 (Sexual
5-4 Performance by a Child), or 43.26 (Possession or Promotion of Child
5-5 Pornography), Penal Code, committed against a child who was younger
5-6 than 17 years of age at the time of the commission of the offense;
5-7 or
5-8 (13) a felony for which the punishment is increased
5-9 under Section 481.134, Health and Safety Code (Drug-Free Zones).
5-10 SECTION 4. (a) The change in law made by this Act applies
5-11 only to a prisoner serving a sentence for an offense committed on
5-12 or after the effective date of this Act. For purposes of this
5-13 section, an offense is committed before the effective date of this
5-14 Act if any element of the offense occurs before the effective date.
5-15 (b) A prisoner serving a sentence for an offense committed
5-16 before the effective date of this Act is covered by the law in
5-17 effect when the offense was committed, and the former law is
5-18 continued in effect for that purpose.
5-19 SECTION 5. This Act takes effect September 1, 1995.
5-20 SECTION 6. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended.