75R10429 GWK-D
By Greenberg, Allen, Culberson, Talton, H.B. No. 104
Danburg, et al.
Substitute the following for H.B. No. 104:
By Allen C.S.H.B. No. 104
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
2-1 for release on parole until his actual calendar time served,
2-2 without consideration of good conduct time, equals one-half of the
2-3 maximum sentence or 30 calendar years, whichever is less, but in no
2-4 event shall he be eligible for release on parole in less than two
2-5 calendar years.
2-6 (6) If a prisoner is serving a life sentence imposed
2-7 under Section 12.42(d)(3), Penal Code, the prisoner is not eligible
2-8 for release on parole until the prisoner's actual calendar time
2-9 served, without consideration of good conduct time, equals 40
2-10 calendar years.
2-11 SECTION 3. (a) The change in law made by this Act applies
2-12 only to punishment for an offense committed on or after the
2-13 effective date of this Act. For purposes of this section, an
2-14 offense is committed before the effective date of this Act if any
2-15 element of the offense occurs before the effective date.
2-16 (b) Punishment for an offense committed before the effective
2-17 date of this Act is covered by the law in effect when the offense
2-18 was committed, and the former law is continued in effect for that
2-19 purpose.
2-20 SECTION 4. This Act takes effect September 1, 1997.
2-21 SECTION 5. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.