By Wolens H.B. No. 1011
75R1908 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain defendants convicted of
1-3 assaultive offenses, including sexual assault, and for certain
1-4 offenses committed with intent to commit assaults.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 12.42(c), Penal Code, is amended to read
1-7 as follows:
1-8 (c)(1) Except as provided by Subdivision (2), if [If] it is
1-9 shown on the trial of a first-degree felony that the defendant has
1-10 been once before convicted of a felony, on conviction he shall be
1-11 punished by imprisonment in the institutional division of the Texas
1-12 Department of Criminal Justice for life, or for any term of not
1-13 more than 99 years or less than 15 years. In addition to
1-14 imprisonment, an individual may be punished by a fine not to exceed
1-15 $10,000.
1-16 (2) A defendant shall be punished by imprisonment in
1-17 the institutional division for life if:
1-18 (A) the defendant is convicted of an offense:
1-19 (i) under Section 22.021, Penal Code;
1-20 (ii) under Section 20.04(a)(4), Penal
1-21 Code, if the defendant committed the offense with the intent to
1-22 violate or abuse the victim sexually; or
1-23 (iii) under Section 30.02, Penal Code,
1-24 punishable under Subsection (d) of that section, if the defendant
2-1 committed the offense with the intent to commit a felony described
2-2 by Subparagraph (i) or (ii) or a felony under Section 21.11 or
2-3 22.011, Penal Code; and
2-4 (B) the defendant has been previously convicted
2-5 of an offense:
2-6 (i) under Section 43.25 or 43.26, Penal
2-7 Code;
2-8 (ii) under Section 21.11, 22.011, 22.021,
2-9 or 25.02, Penal Code;
2-10 (iii) under Section 20.04(a)(4), Penal
2-11 Code, if the defendant committed the offense with the intent to
2-12 violate or abuse the victim sexually;
2-13 (iv) under Section 30.02, Penal Code,
2-14 punishable under Subsection (d) of that section, if the defendant
2-15 committed the offense with the intent to commit a felony described
2-16 by Subparagraph (ii) or (iii); or
2-17 (v) under the laws of another state
2-18 containing elements that are substantially similar to the elements
2-19 of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
2-20 SECTION 2. Section 12.42(d), Penal Code, is amended to read
2-21 as follows:
2-22 (d)[(1)] If it is shown on the trial of a felony offense
2-23 other than a state jail felony punishable under Section 12.35(a)
2-24 that the defendant has previously been finally convicted of two
2-25 felony offenses, and the second previous felony conviction is for
2-26 an offense that occurred subsequent to the first previous
2-27 conviction having become final, on conviction he shall be punished
3-1 by imprisonment in the institutional division of the Texas
3-2 Department of Criminal Justice for life, or for any term of not
3-3 more than 99 years or less than 25 years.
3-4 [(2) A defendant shall be punished by imprisonment in
3-5 the institutional division for life if:]
3-6 [(A) the defendant is convicted of an offense:]
3-7 [(i) under Section 22.021, Penal Code;]
3-8 [(ii) under Section 20.04(a)(4), Penal
3-9 Code, if the defendant committed the offense with the intent to
3-10 violate or abuse the victim sexually; or]
3-11 [(iii) under Section 30.02, Penal Code,
3-12 punishable under Subsection (d) of that section, if the defendant
3-13 committed the offense with the intent to commit a felony described
3-14 by Subparagraph (i) or (ii) or a felony under Section 21.11 or
3-15 22.011, Penal Code; and]
3-16 [(B) the defendant has been previously convicted
3-17 of two felony offenses, at least one of which is an offense:]
3-18 [(i) under Section 43.25 or 43.26, Penal
3-19 Code;]
3-20 [(ii) under Section 21.11, 22.011, 22.021,
3-21 or 25.02, Penal Code;]
3-22 [(iii) under Section 20.04(a)(4), Penal
3-23 Code, if the defendant committed the offense with the intent to
3-24 violate or abuse the victim sexually; or]
3-25 [(iv) under Section 30.02, Penal Code,
3-26 punishable under Subsection (d) of that section, if the defendant
3-27 committed the offense with the intent to commit a felony described
4-1 by Subparagraph (ii) or (iii).]
4-2 SECTION 3. Section 8(b)(2), Article 42.18, Code of Criminal
4-3 Procedure, is amended to read as follows:
4-4 (2) If a prisoner is serving a life sentence for a
4-5 capital felony, the prisoner is not eligible for release on parole
4-6 until the actual calendar time the prisoner has served, without
4-7 consideration of good conduct time, equals 40 calendar years. If a
4-8 prisoner is serving a life sentence imposed under Section
4-9 12.42(c)(2) [12.42(d)(2)], Penal Code, the prisoner is not eligible
4-10 for release on parole until the actual calendar time the prisoner
4-11 has served, without consideration of good conduct time, equals 35
4-12 calendar years.
4-13 SECTION 4. (a) The change in law made by this Act applies
4-14 only to the punishment for an offense committed on or after the
4-15 effective date of this Act. For purposes of this section, an
4-16 offense is committed before the effective date of this Act if any
4-17 element of the offense occurs before the effective date.
4-18 (b) The punishment for an offense committed before the
4-19 effective date of this Act is covered by the law in effect when the
4-20 offense was committed, and the former law is continued in effect
4-21 for that purpose.
4-22 SECTION 5. This Act takes effect September 1, 1997.
4-23 SECTION 6. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.