By Tillery                                       H.B. No. 779

      75R2463 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the punishment and eligibility for release on parole

 1-3     for certain defendants convicted of assaultive offenses, including

 1-4     sexual assault, and for certain offenses committed with intent to

 1-5     commit assaults.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 12.42(c), Penal Code, is amended to read

 1-8     as follows:

 1-9           (c)(1)  Except as provided by Subdivision (2), if [If] it is

1-10     shown on the trial of a first-degree felony that the defendant  has

1-11     been once before convicted of a felony, on conviction he shall be

1-12     punished by imprisonment in the institutional division of the Texas

1-13     Department of Criminal Justice for life, or for any term of not

1-14     more than 99 years or less than 15 years.  In addition to

1-15     imprisonment, an individual may be punished by a fine not to exceed

1-16     $10,000.

1-17                 (2)  A defendant shall be punished by imprisonment in

1-18     the institutional division for life if:

1-19                       (A)  the defendant is convicted of an offense:

1-20                             (i)  under Section 22.021, Penal Code;

1-21                             (ii)  under Section 20.04(a)(4), Penal

1-22     Code, if the defendant committed the offense with the intent to

1-23     violate or abuse the victim sexually; or

1-24                             (iii)  under Section 30.02, Penal Code,

 2-1     punishable under Subsection (d) of that section, if the defendant

 2-2     committed the offense with the intent to commit a felony described

 2-3     by Subparagraph (i) or (ii) or a felony under Section 21.11 or

 2-4     22.011, Penal Code; and

 2-5                       (B)  the defendant has been previously convicted

 2-6     of an offense:

 2-7                             (i)  under Section 43.25 or 43.26, Penal

 2-8     Code;

 2-9                             (ii)  under Section 21.11, 22.011, 22.021,

2-10     or 25.02, Penal Code;

2-11                             (iii)  under Section 20.04(a)(4), Penal

2-12     Code, if the defendant committed the offense with the intent to

2-13     violate or abuse the victim sexually;

2-14                             (iv)  under Section 30.02, Penal Code,

2-15     punishable under Subsection (d) of that section, if the defendant

2-16     committed the offense with the intent to commit a felony described

2-17     by Subparagraph (ii) or (iii); or

2-18                             (v)  under the laws of another state

2-19     containing elements that are substantially similar to the elements

2-20     of an offense listed in Subparagraph (i), (ii), (iii), or (iv).

2-21           SECTION 2.  Section 12.42(d), Penal Code, is amended to read

2-22     as follows:

2-23           (d)[(1)]  If it is shown on the trial of a felony offense

2-24     other than a state jail felony punishable under Section 12.35(a)

2-25     that the defendant has previously been finally convicted of two

2-26     felony offenses, and the second previous felony conviction is for

2-27     an offense that occurred subsequent to the first previous

 3-1     conviction having become final, on conviction he shall be punished

 3-2     by imprisonment in the institutional division of the Texas

 3-3     Department of Criminal Justice for life, or for any term of not

 3-4     more than 99 years or less than 25 years.

 3-5                 [(2)  A defendant shall be punished by imprisonment in

 3-6     the institutional division for life if:]

 3-7                       [(A)  the defendant is convicted of an offense:]

 3-8                             [(i)  under Section 22.021, Penal Code;]

 3-9                             [(ii)  under Section 20.04(a)(4), Penal

3-10     Code, if the defendant committed the offense with the intent to

3-11     violate or abuse the victim sexually;  or]

3-12                             [(iii)  under Section 30.02, Penal Code,

3-13     punishable under Subsection (d) of that section, if the defendant

3-14     committed the offense with the intent to commit a felony described

3-15     by Subparagraph (i) or (ii) or a felony under Section 21.11 or

3-16     22.011, Penal Code; and]

3-17                       [(B)  the defendant has been previously convicted

3-18     of two felony offenses, at least one of which is an offense:]

3-19                             [(i)  under Section 43.25 or 43.26, Penal

3-20     Code;]

3-21                             [(ii)  under Section 21.11, 22.011, 22.021,

3-22     or 25.02, Penal Code;]

3-23                             [(iii)  under Section 20.04(a)(4), Penal

3-24     Code, if the defendant committed the offense with the intent to

3-25     violate or abuse the victim sexually; or]

3-26                             [(iv)  under Section 30.02, Penal Code,

3-27     punishable under Subsection (d) of that section, if the defendant

 4-1     committed the offense with the intent to commit a felony described

 4-2     by Subparagraph (ii) or (iii).]

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

 4-4     Procedure, is amended to read as follows:

 4-5                 (2)  If a prisoner is serving a life sentence for a

 4-6     capital felony, the prisoner is not eligible for release on parole

 4-7     until the actual calendar time the prisoner has served, without

 4-8     consideration of good conduct time, equals 40 calendar years.  If a

 4-9     prisoner is serving a life sentence imposed under Section

4-10     12.42(c)(2) [12.42(d)(2)], Penal Code, the prisoner is not eligible

4-11     for release on parole [until the actual calendar time the prisoner

4-12     has served, without consideration of good conduct time, equals 35

4-13     calendar years].

4-14           SECTION 4.  (a)  The change in law made by this Act applies

4-15     only to the punishment for an offense committed on or after the

4-16     effective date of this Act.  For purposes of this section, an

4-17     offense is committed before the effective date of this Act if any

4-18     element of the offense occurs before the effective date.

4-19           (b)  The punishment for an offense committed before the

4-20     effective date of this Act is covered by the law in effect when the

4-21     offense was committed, and the former law is continued in effect

4-22     for that purpose.

4-23           SECTION 5.  This Act takes effect September 1, 1997.

4-24           SECTION 6.  The importance of this legislation and the

4-25     crowded condition of the calendars in both houses create an

4-26     emergency and an imperative public necessity that the

4-27     constitutional rule requiring bills to be read on three several

 5-1     days in each house be suspended, and this rule is hereby suspended.