By Greenberg, Allen, Culberson, Talton,                H.B. No. 104

         75R10429 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

 1-3     criminal defendants who commit certain sexual offenses and sexually

 1-4     assaultive offenses.

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

 1-6           SECTION 1.  Section 12.42(d), Penal Code, is amended by

 1-7     adding Subdivision (3) to read as follows:

 1-8                 (3)  A defendant shall be punished by imprisonment in

 1-9     the institutional division for life if the defendant:

1-10                       (A)  is convicted of an offense under Section

1-11     21.11(a)(1), 22.011, or 22.021;

1-12                       (B)  has previously been finally convicted of an

1-13     offense under Section 21.11(a)(1), 22.011, or 22.021; and

1-14                       (C)  committed the instant offense after the

1-15     conviction described by Paragraph (B) became final.

1-16           SECTION 2.  Section 8(b), Article 42.18, Code of Criminal

1-17     Procedure, is amended by amending Subdivision (3) and by adding

1-18     Subdivision (6) to read as follows:

1-19                 (3)  If a prisoner, other than a prisoner described by

1-20     Subdivision (6) of this subsection, is serving a sentence for the

1-21     offenses described by Subdivision (1)(A), (C), (D), (E), (F), or

1-22     (G) of Section 3g(a), Article 42.12 of this code, or if the

1-23     judgment contains an affirmative finding under Subdivision (2) of

1-24     Subsection (a) of Section 3g of that article, he is not eligible

1-25     for release on parole until his actual calendar time served,

 2-1     without consideration of good conduct time, equals one-half of the

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

 2-3     event shall he be eligible for release on parole in less than two

 2-4     calendar years.

 2-5                 (6)  If a prisoner is serving a life sentence imposed

 2-6     under Section 12.42(d)(3), Penal Code, the prisoner is not eligible

 2-7     for release on parole until the prisoner's actual calendar time

 2-8     served, without consideration of good conduct time, equals 40

 2-9     calendar years.

2-10           SECTION 3.  (a)  The change in law made by this Act applies

2-11     only to punishment for an offense committed on or after the

2-12     effective date of this Act.  For purposes of this section, an

2-13     offense is committed before the effective date of this Act if any

2-14     element of the offense occurs before the effective date.

2-15           (b)  Punishment for an offense committed before the effective

2-16     date of this Act is covered by the law in effect when the offense

2-17     was committed, and the former law is continued in effect for that

2-18     purpose.

2-19           SECTION 4.  This Act takes effect September 1, 1997.

2-20           SECTION 5.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.