SGN C.S.H.B. 104 75(R)BILL ANALYSIS

CORRECTIONS
C.S.H.B. 104
By: Greenberg
4-3-97
Committee Report (Substituted)

BACKGROUND 

Recent studies have shown that approximately 50 percent of sex offenders
return to prison within three years.  Sex offenders have one of the
highest recidivism rates among all offenders. Although the Legislature has
toughened policies to require the most violent sex offenders to serve
significantly longer in prison before they can be considered for parole,
public opinion wants sex offenders kept off the streets for as long as
possible. 

PURPOSE

C.S.H.B. 104 requires that a person twice convicted of certain sex
offenses serve 40 years before being eligible for parole. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.42(d), Penal Code, by adding Subdivision (3)
which requires that a defendant be punished by imprisonment for life if
the defendant:  is convicted of Indecency with a Child, Sexual Assault, or
Aggravated Sexual Assault; has previously been finally convicted of
Indecency with a Child,  Sexual Assault, or Aggravated Sexual Assault;
and, committed the instant offense after the previous conviction became
final. 

SECTION 2.  Amends Section 8(b), Article 42.18, Code of Criminal
Procedure, by amending Subdivision (3) and by adding Subdivision (6) as
follows: 

(3) Adds language excluding prisoners described under Subdivision (6) from
the list of prisoners convicted of certain 3g offenses who can not be
considered for parole until their actual time served equals at least
one-half of their sentence or 30 years, whichever is less.   

(6) states that if a prisoner is serving a life sentence under Section
12.42(d)(3), Penal Code, the prisoner is not eligible for release on
parole until the prisoner's actual calendar time served equals 40 calendar
years. 

SECTION 3.   Provides that the change in law made by this Act applies only
to punishment for offenses committed on or after the effective date of
this Act, and punishment for offenses committed before the effective date
of this Act are covered by the law in effect when the offense was
committed. 

SECTION 4.  Effective date: September 1, 1997.

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute adds language to clarify that the second
conviction must be for a subsequent offense.  The substitute also changes
the period for which an offender under this section would not be eligible
for parole from life to 40 years.