75R4122 GWK-D                           

         By Place                                               H.B. No. 432

         Substitute the following for H.B. No. 432:

         By Alexander                                       C.S.H.B. No. 432

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the ineligibility of certain inmates for release on

 1-3     mandatory supervision.

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

 1-5           SECTION 1.  Section 8(c), Article 42.18, Code of Criminal

 1-6     Procedure, is amended to read as follows:

 1-7           (c)  Except as otherwise provided by this subsection and

 1-8     Subsection (c-1), a prisoner who is not on parole shall be released

 1-9     to mandatory supervision by order of a parole panel when the

1-10     calendar time he has served plus any accrued good conduct time

1-11     equal the maximum term to which he was sentenced.  A prisoner

1-12     released to mandatory supervision shall, upon release, be deemed as

1-13     if released on parole.  To the extent practicable, arrangements for

1-14     the prisoner's proper employment, maintenance, and care shall be

1-15     made prior to his release to mandatory supervision.  The period of

1-16     mandatory supervision shall be for a period equivalent to the

1-17     maximum term for which the prisoner was sentenced less calendar

1-18     time actually served on the sentence.  The time served on mandatory

1-19     supervision is calculated as calendar time.  Every prisoner while

1-20     on mandatory supervision shall remain in the legal custody of the

1-21     state and shall be amenable to conditions of supervision ordered by

1-22     the parole panel.  A prisoner may not be released to mandatory

1-23     supervision if the prisoner is serving or has previously been

1-24     convicted for an offense and the judgment for the offense contains

 2-1     an affirmative finding under Subdivision (2), Subsection (a),

 2-2     Section 3g, Article 42.12, of this code or if the prisoner is

 2-3     serving a sentence for or has previously been convicted of:

 2-4                 (1)  a first degree felony or a second degree felony

 2-5     under Section 19.02, Penal Code (Murder);

 2-6                 (2)  a capital felony under Section 19.03, Penal Code

 2-7     (Capital Murder);

 2-8                 (3)  a first degree felony or a second degree felony

 2-9     under Section 20.04, Penal Code (Aggravated Kidnapping);

2-10                 (4)  a second degree felony under Section 21.11, Penal

2-11     Code (Indecency with a Child);

2-12                 (5)  a second degree felony under Section 22.011, Penal

2-13     Code (Sexual Assault);

2-14                 (6) [(5)]  a second degree or first degree felony under

2-15     Section 22.02, Penal Code (Aggravated Assault);

2-16                 (7) [(6)]  a first degree felony under Section 22.021,

2-17     Penal Code (Aggravated Sexual Assault);

2-18                 (8) [(7)]  a first degree felony under Section 22.04,

2-19     Penal Code (Injury to a Child, Elderly Individual, or Disabled

2-20     Individual);

2-21                 (9) [(8)]  a first degree felony under Section 28.02,

2-22     Penal Code (Arson);

2-23                 (10) [(9)]  a second degree felony under Section 29.02,

2-24     Penal Code (Robbery);

2-25                 (11) [(10)]  a first degree felony under Section 29.03,

2-26     Penal Code (Aggravated Robbery);

2-27                 (12) [(11)]  a first degree felony under Section 30.02,

 3-1     Penal Code (Burglary); or

 3-2                 (13) [(12)]  a felony for which the punishment is

 3-3     increased under Section 481.134, Health and Safety Code  (Drug-Free

 3-4     Zones).

 3-5           SECTION 2.   The amendment made by this Act to Section 8(c),

 3-6     Article 42.18, Code of Criminal Procedure, adding a second degree

 3-7     felony under Section 19.02, Penal Code, and a second degree felony

 3-8     under Section 21.11, Penal Code, to the list of offenses for which

 3-9     an inmate is made ineligible for release on mandatory supervision,

3-10     is not a change in law but rather confirms that inmates convicted

3-11     of those offenses are ineligible for release on mandatory

3-12     supervision, consistent with the intent of the 73rd Legislature,

3-13     Regular Session, 1993, as evidenced by the addition of those

3-14     offenses to Section 3g, Article 42.12, Code of Criminal Procedure,

3-15     on September 1, 1993, by Chapter 900, Acts of the 73rd Legislature,

3-16     Regular Session, 1993.

3-17           SECTION 3.  The importance of this legislation and the

3-18     crowded condition of the calendars in both houses create an

3-19     emergency and an imperative public necessity that the

3-20     constitutional rule requiring bills to be read on three several

3-21     days in each house be suspended, and this rule is hereby suspended,

3-22     and that this Act take effect and be in force from and after its

3-23     passage, and it is so enacted.