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.