By Burnam H.B. No. 659
75R4255 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility for parole of certain defendants
1-3 convicted of sexual assaults or other sexual offenses.
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 Section 3 of this article do not
1-9 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), Penal Code
2-4 (Sexual assault); 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), Article 42.18, Code of Criminal
2-16 Procedure, is amended by amending Subdivision (3) and by adding
2-17 Subdivision (6) to read as follows:
2-18 (3) If a prisoner is serving a sentence for the
2-19 offenses described by Subdivision (1)(A), [(C),] (D), [(E),] (F),
2-20 or (G) of Section 3g(a), Article 42.12 of this code, or if the
2-21 judgment contains an affirmative finding under Subdivision (2) of
2-22 Subsection (a) of Section 3g of that article, he is not eligible
2-23 for release on parole until his actual calendar time served,
2-24 without consideration of good conduct time, equals one-half of the
2-25 maximum sentence or 30 calendar years, whichever is less, but in no
2-26 event shall he be eligible for release on parole in less than two
2-27 calendar years.
3-1 (6) If a prisoner is serving a sentence for an offense
3-2 under Section 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal
3-3 Code, the prisoner is not eligible for release on parole.
3-4 SECTION 3. (a) The change in law made by this Act applies
3-5 only to an offense committed on or after the effective date of this
3-6 Act. For purposes of this section, an offense is committed before
3-7 the effective date of this Act if any element of the offense occurs
3-8 before the effective date.
3-9 (b) An offense committed before the effective date of this
3-10 Act is covered by the law in effect when the offense was committed,
3-11 and the former law is continued in effect for this purpose.
3-12 SECTION 4. This Act takes effect September 1, 1997.
3-13 SECTION 5. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.