By Solomons                                            H.B. No. 178

      75R471 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the punishment for and sentencing of a defendant

 1-3     convicted of felony deadly conduct.

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

 1-5           SECTION 1.  Section 22.05(e), Penal Code, is amended to read

 1-6     as follows:

 1-7           (e)  An offense under Subsection (a) is a Class A

 1-8     misdemeanor.  An offense under Subsection (b) is a felony

 1-9     punishable by imprisonment in the institutional division for a term

1-10     of 10 years and imposition of a fine not to exceed $10,000 [of the

1-11     third degree].

1-12           SECTION 2.  Section 3g(a), Article 42.12, Code of Criminal

1-13     Procedure, as amended by Chapters 260 and 318, Acts of the 74th

1-14     Legislature, Regular Session, 1995, is amended to read as follows:

1-15           (a)  The provisions of Section 3 of this article do not

1-16     apply:

1-17                 (1)  to a defendant adjudged guilty of an offense

1-18     under:

1-19                       (A)  Section 19.02, Penal Code (Murder);

1-20                       (B)  Section 19.03, Penal Code (Capital murder);

1-21                       (C)  Section 21.11(a)(1), Penal Code (Indecency

1-22     with a child);

1-23                       (D)  Section 20.04, Penal Code (Aggravated

1-24     kidnapping);

 2-1                       (E)  Section 22.021, Penal Code (Aggravated

 2-2     sexual assault);

 2-3                       (F)  Section 29.03, Penal Code (Aggravated

 2-4     robbery); [or]

 2-5                       (G)  Chapter 481, Health and Safety Code, for

 2-6     which punishment is increased under Section 481.134(c), (d), (e),

 2-7     or (f), Health and Safety Code, if it is shown that the defendant

 2-8     has been previously convicted of an offense for which punishment

 2-9     was increased under any of those subsections; [or]

2-10                       (H) [(G)]  Section 22.011(a)(2), Penal Code

2-11     (Sexual assault); or

2-12                       (I)  Section 22.05, Penal Code (Deadly conduct);

2-13     or

2-14                 (2)  to a defendant when it is shown that a deadly

2-15     weapon as defined in Section 1.07, Penal Code, was used or

2-16     exhibited during the commission of a felony offense or during

2-17     immediate flight therefrom, and that the defendant used or

2-18     exhibited the deadly weapon or was a party to the offense and knew

2-19     that a deadly weapon would be used or exhibited.  On an affirmative

2-20     finding under this subdivision, the trial court shall enter the

2-21     finding in the judgment of the court.  On an affirmative finding

2-22     that the deadly weapon was a firearm, the court shall enter that

2-23     finding in its judgment.

2-24           SECTION 3.  Section 8(b)(1), Article 42.18, Code of Criminal

2-25     Procedure, is amended to read as follows:

2-26                 (1)  A prisoner under sentence of death or serving a

2-27     sentence for an offense under Section 22.05, Penal Code, is not

 3-1     eligible for parole.

 3-2           SECTION 4.  Section 8(c), Article 42.18, Code of Criminal

 3-3     Procedure, is amended to read as follows:

 3-4           (c)  Except as otherwise provided by this subsection and

 3-5     Subsection (c-1), a prisoner who is not on parole shall be released

 3-6     to mandatory supervision by order of a parole panel when the

 3-7     calendar time he has served plus any accrued good conduct time

 3-8     equal the maximum term to which he was sentenced.  A prisoner

 3-9     released to mandatory supervision shall, upon release, be deemed as

3-10     if released on parole.  To the extent practicable, arrangements for

3-11     the prisoner's proper employment, maintenance, and care shall be

3-12     made prior to his release to mandatory supervision.  The period of

3-13     mandatory supervision shall be for a period equivalent to the

3-14     maximum term for which the prisoner was sentenced less calendar

3-15     time actually served on the sentence.  The time served on mandatory

3-16     supervision is calculated as calendar time.  Every prisoner while

3-17     on mandatory supervision shall remain in the legal custody of the

3-18     state and shall be amenable to conditions of supervision ordered by

3-19     the parole panel.  A prisoner may not be released to mandatory

3-20     supervision if the prisoner is serving or has previously been

3-21     convicted for an offense and the judgment for the offense contains

3-22     an affirmative finding under Subdivision (2), Subsection (a),

3-23     Section 3g, Article 42.12, of this code or if the prisoner is

3-24     serving a sentence for or has previously been convicted of:

3-25                 (1)  a first degree felony under Section 19.02, Penal

3-26     Code (Murder);

3-27                 (2)  a capital felony under Section 19.03, Penal Code

 4-1     (Capital Murder);

 4-2                 (3)  a first degree felony or a second degree felony

 4-3     under Section 20.04, Penal Code (Aggravated Kidnapping);

 4-4                 (4)  a second degree felony under Section 22.011, Penal

 4-5     Code (Sexual Assault);

 4-6                 (5)  a second degree or first degree felony under

 4-7     Section 22.02, Penal Code (Aggravated Assault);

 4-8                 (6)  a first degree felony under Section 22.021, Penal

 4-9     Code (Aggravated Sexual Assault);

4-10                 (7)  a first degree felony under Section 22.04, Penal

4-11     Code (Injury to a Child, Elderly Individual, or Disabled

4-12     Individual);

4-13                 (8)  a first degree felony under Section 28.02, Penal

4-14     Code (Arson);

4-15                 (9)  a second degree felony under Section 29.02, Penal

4-16     Code (Robbery);

4-17                 (10)  a first degree felony under Section 29.03, Penal

4-18     Code (Aggravated Robbery);

4-19                 (11)  a first degree felony under Section 30.02, Penal

4-20     Code (Burglary); [or]

4-21                 (12)  a felony for which the punishment is increased

4-22     under Section 481.134, Health and Safety Code (Drug-Free Zones); or

4-23                 (13)  a felony under Section 22.05, Penal Code (Deadly

4-24     Conduct).

4-25           SECTION 5.  (a)  The change in law made by this Act applies

4-26     only to an offense committed on or after the effective date of this

4-27     Act.  For purposes of this section, an offense is committed before

 5-1     the effective date of this Act if any element of the offense occurs

 5-2     before the effective date.

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

 5-4     Act is covered by the law in effect when the offense was committed,

 5-5     and the former law is continued in effect for this purpose.

 5-6           SECTION 6.  This Act takes effect September 1, 1997.

 5-7           SECTION 7.  The importance of this legislation and the

 5-8     crowded condition of the calendars in both houses create an

 5-9     emergency and an imperative public necessity that the

5-10     constitutional rule requiring bills to be read on three several

5-11     days in each house be suspended, and this rule is hereby suspended.