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.