SRC-TNM S.B. 38 75(R)               BILL ANALYSIS


Senate Research CenterS.B. 38
By: Nelson
Criminal Justice
2-5-97
As Filed


DIGEST

Currently, prisoners serving life sentences in Texas penal institutions
can be eligible for release on parole before serving their entire
sentence.  Although the federal Amber Hagerman Child Protection Act
strengthened the law relating to sex offenders who victimize children,
many convicted sex offenders never serve the entire length of their
sentence.  S.B. 38 prohibits a prisoner convicted under certain sections
of the law from being eligible for release on parole before the prisoner's
actual calendar time is served.  

PURPOSE

As proposed, S.B. 38 establishes punishments by which defendants convicted
of an offense must adhere.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12.42(d), Penal Code, by adding Subdivision (3),
to require a defendant to be punished for life if convicted or previously
convicted of an offense under Sections 21.11(a)(1), 22.011(a)(2), or
22.021(a)(2)(B). 

SECTION 2. Amends Section 8(b), Article 42.18, Code of Criminal Procedure,
by amending Subdivision (3) and by adding Subdivision (6), to prohibit a
prisoner, other than a prisoner serving a life sentence imposed under
Section 12.42(d)(3), Penal Code, from being eligible for release on parole
until his actual calendar time is served.  Prohibits a prisoner serving a
life sentence imposed under Section 12.42(d)(3), Penal Code, from being
eligible for release on parole. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.