By Greenberg                                     H.B. No. 104

      75R1978 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:

1-10                       (A)  the defendant is convicted of an offense

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

1-12                       (B)  the defendant has previously been finally

1-13     convicted of an offense under Section 21.11(a)(1), 22.011, or

1-14     22.021.

1-15           SECTION 2.  Section 8(b), Article 42.18, Code of Criminal

1-16     Procedure, is amended by amending Subdivision (3) and by adding

1-17     Subdivision (6) to read as follows:

1-18                 (3)  If a prisoner, other than a prisoner described by

1-19     Subdivision (6) of this subsection, is serving a sentence for the

1-20     offenses described by Subdivision (1)(A), (C), (D), (E), (F), or

1-21     (G) of Section 3g(a), Article 42.12 of this code, or if the

1-22     judgment contains an affirmative finding under Subdivision (2) of

1-23     Subsection (a) of Section 3g of that article, he is not eligible

1-24     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.

 2-8           SECTION 3.  (a)  The change in law made by this Act applies

 2-9     only to an offense committed on or after the effective date of this

2-10     Act.  For purposes of this section, an offense is committed before

2-11     the effective date of this Act if any element of the offense occurs

2-12     before the effective date.

2-13           (b)  An offense committed before the effective date of this

2-14     Act is covered by the law in effect when the offense was committed,

2-15     and the former law is continued in effect for that purpose.

2-16           SECTION 4.  This Act takes effect September 1, 1997.

2-17           SECTION 5.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.