SRC-MAX S.B. 46 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 46
By: Shapiro
Criminal Justice
2-5-97
As Filed


DIGEST 

Currently, the terms under which a defendant can be sentenced to life
imprisonment can be found in Section 12.42(d), Penal Code.  This bill
introduces a Two Strikes measure that eliminates the need for a third
felony conviction before a defendant can be sentenced to life in prison.
S.B. 46 provides that a defendant need only be convicted of a felony once
to qualify for life imprisonment in certain cases involving assaultive
offenses including sexual assault.  

PURPOSE

As proposed, S.B. 46  requires a defendant to be sentenced to life
imprisonment for certain assaultive offenses including sexual assault. 

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(c), Penal Code, to require a defendant to
be punished by imprisonment in the institutional division of the Texas
Department of Criminal Justice for life if the defendant is convicted of
or has been previously convicted once of offenses including aggravated
assault, aggravated kidnapping, burglary, indecency with a child, sexual
assault, sexual performance with a child, and possession or promotion of
child pornography.  Makes a conforming change.   

SECTION 2.  Amends Section 12.42(d), Penal Code, by deleting text
requiring a defendant to be punished by imprisonment in the institutional
division under certain conditions. 

SECTION 3.  Amends Section 8(b)(2), Article 42.18, Code of Criminal
Procedure, to make conforming and nonsubstantive changes. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  September 1, 1997.

SECTION 6.  Emergency clause.