SGN C.S.H.B. 432 75(R)BILL ANALYSIS CORRECTIONS C.S.H.B. 432 By: Place 2-12-97 Committee Report (Substituted) BACKGROUND In 1993, the Legislature adopted comprehensive changes to the Penal Code and certain sentencing provisions of the Code of Criminal Procedure. Second degree felony indecency with a child and second degree felony murder were added to the list of "3g" offenses. However, persons convicted of these offenses were unintentionally excluded from the list of those not eligible to be released on mandatory supervision. An Attorney General's opinion (Letter Opinion No. 96-126) released on November 7, 1996 clarified that offenders convicted of second degree Indecency with a child are not eligible for release to mandatory supervision. PURPOSE C.S.H.B. 432 adds both second degree felony murder and indecency with a child to the list of those ineligible for release to mandatory supervision under Section 8(c), Article 42.18, Code of Criminal Procedure. 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 8(c), Article 42.18, Code of Criminal Procedure, by adding second degree felony murder to subsection (1) and by adding a new subsection (4) which adds a second degree felony offense of Indecency with a Child to the list of offenses for which inmates are not eligible for release to mandatory supervision. The remaining subsections are renumbered accordingly. SECTION 2. Provides that the amendment made by this Act is not a change in law, but rather confirms the intent of the 73rd Legislature. SECTION 2. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill only added second degree indecency with a child to the list of offenses for which inmates are not eligible for release to mandatory supervision. The substitute also adds a second degree felony offense of murder to the same list of offenses.