By Pitts                                               H.B. No. 127

      75R404 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the eligibility of certain criminal defendants for

 1-3     jury-ordered community supervision.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 3g(a), Article 42.12, Code of Criminal

 1-6     Procedure, as amended by Chapters 260 and 318, Acts of the 74th

 1-7     Legislature, Regular Session, 1995, is amended to read as follows:

 1-8           (a)  The provisions of Sections 3 and 4 [Section 3] of this

 1-9     article do not apply:

1-10                 (1)  to a defendant adjudged guilty of an offense

1-11     under:

1-12                       (A)  Section 19.02, Penal Code (Murder);

1-13                       (B)  Section 19.03, Penal Code (Capital murder);

1-14                       (C)  Section 21.11(a)(1), Penal Code (Indecency

1-15     with a child);

1-16                       (D)  Section 20.04, Penal Code (Aggravated

1-17     kidnapping);

1-18                       (E)  Section 22.021, Penal Code (Aggravated

1-19     sexual assault);

1-20                       (F)  Section 29.03, Penal Code (Aggravated

1-21     robbery); [or]

1-22                       (G)  Chapter 481, Health and Safety Code, for

1-23     which punishment is increased under Section 481.134(c), (d), (e),

1-24     or (f), Health and Safety Code, if it is shown that the defendant

 2-1     has been previously convicted of an offense for which punishment

 2-2     was increased under any of those subsections; or

 2-3                       (H) [(G)]  Section 22.011(a)(2) (Sexual assault);

 2-4     or

 2-5                 (2)  to a defendant when it is shown that a deadly

 2-6     weapon as defined in Section 1.07, Penal Code, was used or

 2-7     exhibited during the commission of a felony offense or during

 2-8     immediate flight therefrom, and that the defendant used or

 2-9     exhibited the deadly weapon or was a party to the offense and knew

2-10     that a deadly weapon would be used or exhibited.  On an affirmative

2-11     finding under this subdivision, the trial court shall enter the

2-12     finding in the judgment of the court.  On an affirmative finding

2-13     that the deadly weapon was a firearm, the court shall enter that

2-14     finding in its judgment.

2-15           SECTION 2.  Section 8(b)(3), Article 42.18, Code of Criminal

2-16     Procedure, is amended to read as follows:

2-17                 (3)  If a prisoner is serving a sentence for the

2-18     offenses described by Subdivision (1)(A), (C), (D), (E), (F), [or]

2-19     (G), or (H) of Section 3g(a), Article 42.12 of this code, or if the

2-20     judgment contains an affirmative finding under Subdivision (2) of

2-21     Subsection (a) of Section 3g of that article, he is not eligible

2-22     for release on parole until his actual calendar time served,

2-23     without consideration of good conduct time, equals one-half of the

2-24     maximum sentence or 30 calendar years, whichever is less, but in no

2-25     event shall he be eligible for release on parole in less than two

2-26     calendar years.

2-27           SECTION 3.  (a)  The change in law made by this Act applies

 3-1     only to an offense committed on or after the effective date of this

 3-2     Act.  For purposes of this section, an offense is committed before

 3-3     the effective date of this Act if any element of the offense occurs

 3-4     before the effective date.

 3-5           (b)  An offense committed before the effective date of this

 3-6     Act is covered by the law in effect when the offense was committed,

 3-7     and the former law is continued in effect for this purpose.

 3-8           SECTION 4.  This Act takes effect September 1, 1997.

 3-9           SECTION 5.  The importance of this legislation and the

3-10     crowded condition of the calendars in both houses create an

3-11     emergency and an imperative public necessity that the

3-12     constitutional rule requiring bills to be read on three several

3-13     days in each house be suspended, and this rule is hereby suspended.