1-1     By:  Place, Greenberg, et al.                          H.B. No. 432

 1-2          (Senate Sponsor - Whitmire)

 1-3           (In the Senate - Received from the House March 6, 1997;

 1-4     March 12, 1997, read first time and referred to Committee on

 1-5     Criminal Justice; May 2, 1997, reported favorably by the following

 1-6     vote:  Yeas 7, Nays 0; May 2, 1997, sent to printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the ineligibility of certain inmates for release on

1-10     mandatory supervision.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 8(c), Article 42.18, Code of Criminal

1-13     Procedure, is amended to read as follows:

1-14           (c)  Except as otherwise provided by this subsection and

1-15     Subsection (c-1), a prisoner who is not on parole shall be released

1-16     to mandatory supervision by order of a parole panel when the

1-17     calendar time he has served plus any accrued good conduct time

1-18     equal the maximum term to which he was sentenced.  A prisoner

1-19     released to mandatory supervision shall, upon release, be deemed as

1-20     if released on parole.  To the extent practicable, arrangements for

1-21     the prisoner's proper employment, maintenance, and care shall be

1-22     made prior to his release to mandatory supervision.  The period of

1-23     mandatory supervision shall be for a period equivalent to the

1-24     maximum term for which the prisoner was sentenced less calendar

1-25     time actually served on the sentence.  The time served on mandatory

1-26     supervision is calculated as calendar time.  Every prisoner while

1-27     on mandatory supervision shall remain in the legal custody of the

1-28     state and shall be amenable to conditions of supervision ordered by

1-29     the parole panel.  A prisoner may not be released to mandatory

1-30     supervision if the prisoner is serving or has previously been

1-31     convicted for an offense and the judgment for the offense contains

1-32     an affirmative finding under Subdivision (2), Subsection (a),

1-33     Section 3g, Article 42.12, of this code or if the prisoner is

1-34     serving a sentence for or has previously been convicted of:

1-35                 (1)  a first degree felony or a second degree felony

1-36     under Section 19.02, Penal Code (Murder);

1-37                 (2)  a capital felony under Section 19.03, Penal Code

1-38     (Capital Murder);

1-39                 (3)  a first degree felony or a second degree felony

1-40     under Section 20.04, Penal Code (Aggravated Kidnapping);

1-41                 (4)  a second degree felony or a third degree felony

1-42     under Section 21.11, Penal Code (Indecency with a Child);

1-43                 (5)  a second degree felony under Section 22.011, Penal

1-44     Code (Sexual Assault);

1-45                 (6) [(5)]  a second degree or first degree felony under

1-46     Section 22.02, Penal Code (Aggravated Assault);

1-47                 (7) [(6)]  a first degree felony under Section 22.021,

1-48     Penal Code (Aggravated Sexual Assault);

1-49                 (8) [(7)]  a first degree felony under Section 22.04,

1-50     Penal Code (Injury to a Child, Elderly Individual, or Disabled

1-51     Individual);

1-52                 (9) [(8)]  a first degree felony under Section 28.02,

1-53     Penal Code (Arson);

1-54                 (10) [(9)]  a second degree felony under Section 29.02,

1-55     Penal Code (Robbery);

1-56                 (11) [(10)]  a first degree felony under Section 29.03,

1-57     Penal Code (Aggravated Robbery);

1-58                 (12) [(11)]  a first degree felony under Section 30.02,

1-59     Penal Code (Burglary); or

1-60                 (13) [(12)]  a felony for which the punishment is

1-61     increased under Section 481.134, Health and Safety Code  (Drug-Free

1-62     Zones).

1-63           SECTION 2.   (a)  The amendment made by this Act to Section

1-64     8(c), Article 42.18, Code of Criminal Procedure, adding a second

 2-1     degree felony under Section 19.02, Penal Code, and a second degree

 2-2     felony under Section 21.11, Penal Code, to the list of offenses for

 2-3     which an inmate is made ineligible for release on mandatory

 2-4     supervision, is not a change in law but rather confirms that

 2-5     inmates convicted of those offenses are ineligible for release on

 2-6     mandatory supervision, consistent with the intent of the 73rd

 2-7     Legislature, Regular Session, 1993, as evidenced by the addition of

 2-8     those offenses to Section 3g, Article 42.12, Code of Criminal

 2-9     Procedure, on September 1, 1993, by Chapter 900, Acts of the 73rd

2-10     Legislature, Regular Session, 1993.

2-11           (b)  The amendment made by this Act to Section 8(c), Article

2-12     42.18, Code of Criminal Procedure, adding a third degree felony

2-13     under Section 21.11, Penal Code, to the list of offenses for which

2-14     an inmate is made ineligible for release on mandatory supervision,

2-15     is a change in law that  applies only to an inmate convicted of an

2-16     offense committed on or after the effective date of this Act.  For

2-17     purposes of this subsection, an offense is committed before the

2-18     effective date of this Act if any element of the offense occurs

2-19     before the effective date.  An inmate convicted of an offense

2-20     punishable as a third degree felony under Section 21.11, Penal

2-21     Code, committed before the effective date of this Act is covered by

2-22     the law in effect when the offense was committed, and the former

2-23     law is continued in effect for that purpose.

2-24           SECTION 3.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

2-28     days in each house be suspended, and this rule is hereby suspended,

2-29     and that this Act take effect and be in force from and after its

2-30     passage, and it is so enacted.

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