By Brown S.B. No. 138
74R1182 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment of and sentencing of a defendant who
1-3 uses a firearm during the commission of a felony or during
1-4 immediate flight after the commission of a felony.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
1-7 by adding Section 12.48 to read as follows:
1-8 Sec. 12.48. PENALTY IF FIREARM IS USED. (a) The term of
1-9 imprisonment otherwise prescribed for a felony is increased as
1-10 follows if it is shown on the trial of the offense that the
1-11 defendant used a firearm during the commission of the offense or
1-12 during immediate flight after the commission of the offense:
1-13 (1) to not more than 20 years or less than 12 years if
1-14 the underlying offense is a state jail felony or a third-degree
1-15 felony;
1-16 (2) to not more than 30 years or less than 12 years if
1-17 the underlying offense is a second-degree felony; or
1-18 (3) to life or to not more than 99 years or less than
1-19 15 years if the underlying offense is a first-degree felony.
1-20 (b) This section does not apply to an offense under Section
1-21 19.03 or Chapter 46 of this code.
1-22 (c) In this section, "firearm" has the meaning assigned by
1-23 Section 46.01 of this code.
1-24 SECTION 2. Section 4, Article 42.12, Code of Criminal
2-1 Procedure, is amended by adding Subsection (f) to read as follows:
2-2 (f) This section does not apply to a defendant convicted of
2-3 an offense for which punishment is increased under Section 12.48,
2-4 Penal Code.
2-5 SECTION 3. Section 5(d), Article 42.12, Code of Criminal
2-6 Procedure, is amended to read as follows:
2-7 (d) In all other cases the judge may grant deferred
2-8 adjudication unless the defendant is charged with an offense:
2-9 (1) under Section 49.04, 49.05, 49.06, 49.07, or
2-10 49.08, Penal Code; or
2-11 (2) for which the attorney representing the state has
2-12 announced an intention to increase the punishment under Section
2-13 12.48, Penal Code.
2-14 SECTION 4. Section 8(b), Article 42.18, Code of Criminal
2-15 Procedure, is amended to read as follows:
2-16 (b)(1) A prisoner under sentence of death is not eligible
2-17 for parole.
2-18 (2) If a prisoner is serving a life sentence for a
2-19 capital felony, the prisoner is not eligible for release on parole
2-20 until the actual calendar time the prisoner has served, without
2-21 consideration of good conduct time, equals 40 calendar years.
2-22 (3) If a prisoner, other than a prisoner described by
2-23 Subdivision (5) <(4)> of this subsection, is serving a sentence for
2-24 the offenses listed in Subdivision (1)(A), (C), (D), (E), or (F) of
2-25 Section 3g(a), Article 42.12 of this code, or if the judgment
2-26 contains an affirmative finding under Subdivision (2) of Subsection
2-27 (a) of Section 3g of that article that the prisoner used or
3-1 exhibited a deadly weapon other than a firearm as defined by
3-2 Section 46.01, Penal Code, he is not eligible for release on parole
3-3 until his actual calendar time served, without consideration of
3-4 good conduct time, equals one-half of the maximum sentence or 30
3-5 calendar years, whichever is less, but in no event shall he be
3-6 eligible for release on parole in less than two calendar years.
3-7 (4) If a prisoner is serving a sentence for which the
3-8 minimum term of imprisonment was increased under Section 12.48,
3-9 Penal Code, the prisoner is not eligible for release on parole
3-10 until the prisoner's actual calendar time served, without
3-11 consideration of good conduct time, equals one-half of the maximum
3-12 sentence or 30 calendar years, whichever is less, but in no event
3-13 shall he be eligible for release on parole in less than 10 calendar
3-14 years.
3-15 (5) If a prisoner is serving a sentence for which the
3-16 punishment is increased under Section 481.134, Health and Safety
3-17 Code, the prisoner is not eligible for release on parole until the
3-18 prisoner's actual calendar time served, without consideration of
3-19 good conduct time, equals five years or the maximum term to which
3-20 the prisoner was sentenced, whichever is less.
3-21 (6) <(5)> Except as provided by Subsection (m) of this
3-22 section, all other prisoners shall be eligible for release on
3-23 parole when their calendar time served plus good conduct time
3-24 equals one-fourth of the maximum sentence imposed or 15 years,
3-25 whichever is less.
3-26 SECTION 5. Section 3g(b), Article 42.12, Code of Criminal
3-27 Procedure, is repealed.
4-1 SECTION 6. (a) The change in law made by this Act applies
4-2 only to a defendant charged with or sentenced for an offense
4-3 committed on or after the effective date of this Act. For purposes
4-4 of this section, an offense is committed before the effective date
4-5 of this Act if any element of the offense occurs before the
4-6 effective date.
4-7 (b) A defendant charged with or sentenced for an offense
4-8 committed before the effective date of this Act is covered by the
4-9 law in effect when the offense was committed, and the former law is
4-10 continued in effect for that purpose.
4-11 SECTION 7. This Act takes effect September 1, 1995.
4-12 SECTION 8. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.