By Corte                                                H.B. No. 29

      75R600 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the punishment and eligibility for parole of certain

 1-3     defendants convicted of sexual assault, aggravated sexual assault,

 1-4     or indecency with a child.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 21.11(c), Penal Code, is amended to read

 1-7     as follows:

 1-8           (c)  An offense under Subsection (a)(1) is punishable by

 1-9     imprisonment in the institutional division for life, [a felony of

1-10     the second degree] and an offense under Subsection (a)(2) is a

1-11     felony of the third degree.

1-12           SECTION 2.  Section 22.011(f), Penal Code, is amended to read

1-13     as follows:

1-14           (f)  An offense under Subsection (a)(1) [this section] is a

1-15     felony of the second degree, and an offense under Subsection (a)(2)

1-16     is punishable by imprisonment in the institutional division for

1-17     life.

1-18           SECTION 3.  Section 22.021(e), Penal Code, is amended to read

1-19     as follows:

1-20           (e)  An offense under Subsection (a)(1) or (a)(2)(A) or (C)

1-21     [this section] is a felony of the first degree, and an offense

1-22     under Subsection (a)(2)(B) is punishable by imprisonment in the

1-23     institutional division for life.

1-24           SECTION 4.  Section 8(b), Article 42.18, Code of Criminal

 2-1     Procedure, is amended by amending Subdivision (3) and by adding

 2-2     Subdivision (6) to read as follows:

 2-3                 (3)  If a prisoner, other than a prisoner described by

 2-4     Subdivision (6) of this subsection, is serving a sentence for the

 2-5     offenses described by Subdivision (1)(A), [(C),] (D), (E), (F), or

 2-6     (G) of Section 3g(a), Article 42.12 of this code, or if the

 2-7     judgment contains an affirmative finding under Subdivision (2) of

 2-8     Subsection (a) of Section 3g of that article, he is not eligible

 2-9     for release on parole until his actual calendar time served,

2-10     without consideration of good conduct time, equals one-half of the

2-11     maximum sentence or 30 calendar years, whichever is less, but in no

2-12     event shall he be eligible for release on parole in less than two

2-13     calendar years.

2-14                 (6)  If a prisoner is serving a sentence for an offense

2-15     under Section 21.11(a)(1), 22.011(a)(2), or 22.021(a)(2)(B), Penal

2-16     Code, the prisoner is not eligible for release on parole.

2-17           SECTION 5.  (a)  The change in law made by this Act applies

2-18     only to an offense committed on or after the effective date of this

2-19     Act.  For purposes of this section, an offense is committed before

2-20     the effective date of this Act if any element of the offense occurs

2-21     before the effective date.

2-22           (b)  An offense committed before the effective date of this

2-23     Act is covered by the law in effect when the offense was committed,

2-24     and the former law is continued in effect for this purpose.

2-25           SECTION 6.  This Act takes effect September 1, 1997.

2-26           SECTION 7.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended.