By Keel H.B. No. 2143
75R7705 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of using, carrying, or
1-3 exhibiting a weapon during the commission of a felony and to the
1-4 sentencing of a defendant charged with or convicted of the offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 46, Penal Code, is amended by adding
1-7 Section 46.14 to read as follows:
1-8 Sec. 46.14. USING WEAPON DURING COMMISSION OF OFFENSE. (a)
1-9 A person commits an offense if, during the commission of an offense
1-10 under Title 4, 5, 8, or 11 or Chapter 29 or 30, the person
1-11 knowingly uses, carries, or exhibits:
1-12 (1) a firearm, other than a short-barrel firearm or a
1-13 machine gun;
1-14 (2) a short-barrel firearm; or
1-15 (3) an explosive weapon, machine gun, or firearm
1-16 silencer.
1-17 (b) Except as provided by Subsection (c), an offense under:
1-18 (1) Subsection (a)(1) is punishable by imprisonment in
1-19 the institutional division for five years;
1-20 (2) Subsection (a)(2) is punishable by imprisonment in
1-21 the institutional division for 10 years; and
1-22 (3) Subsection (a)(3) is punishable by imprisonment in
1-23 the institutional division for 30 years.
1-24 (c) If it is shown on the trial of an offense under this
2-1 section that the defendant has previously been convicted of an
2-2 offense under this section, an offense under:
2-3 (1) Subsection (a)(1) is punishable by imprisonment in
2-4 the institutional division for a term of 20 years;
2-5 (2) Subsection (a)(2) is punishable by imprisonment in
2-6 the institutional division for a term of 40 years; and
2-7 (3) Subsection (a)(3) is punishable by imprisonment in
2-8 the institutional division for life.
2-9 SECTION 2. Article 42.08, Code of Criminal Procedure, is
2-10 amended by adding Section (d) to read as follows:
2-11 (d) If a defendant is sentenced for an offense under Section
2-12 46.14, Penal Code, the judge shall order the sentence for the
2-13 offense to commence immediately on completion of the sentence for
2-14 the underlying offense alleged and proven as an element of the
2-15 offense under Section 46.14.
2-16 SECTION 3. Article 42.12, Code of Criminal Procedure, is
2-17 amended by adding Section 3h to read as follows:
2-18 Sec. 3h. LIMITATION ON COMMUNITY SUPERVISION FOR CERTAIN SEX
2-19 OFFENDERS. Regardless of whether the defendant is otherwise
2-20 eligible for release on community supervision under this article, a
2-21 judge may not place on community supervision a defendant charged
2-22 with or convicted of an offense under Section 46.14, Penal Code,
2-23 and a jury may not recommend that a judge place on community
2-24 supervision a defendant convicted of an offense under Section
2-25 46.14.
2-26 SECTION 4. Section 8(b)(1), Article 42.18, Code of Criminal
2-27 Procedure, is amended to read as follows:
3-1 (1) A prisoner under sentence of death or a prisoner
3-2 serving a sentence for an offense under Section 46.14, Penal Code,
3-3 is not eligible for parole.
3-4 SECTION 5. Section 8(c), Article 42.18, Code of Criminal
3-5 Procedure, is amended to read as follows:
3-6 (c) Except as otherwise provided by this subsection and
3-7 Subsection (c-1), a prisoner who is not on parole shall be released
3-8 to mandatory supervision by order of a parole panel when the
3-9 calendar time he has served plus any accrued good conduct time
3-10 equal the maximum term to which he was sentenced. A prisoner
3-11 released to mandatory supervision shall, upon release, be deemed as
3-12 if released on parole. To the extent practicable, arrangements for
3-13 the prisoner's proper employment, maintenance, and care shall be
3-14 made prior to his release to mandatory supervision. The period of
3-15 mandatory supervision shall be for a period equivalent to the
3-16 maximum term for which the prisoner was sentenced less calendar
3-17 time actually served on the sentence. The time served on mandatory
3-18 supervision is calculated as calendar time. Every prisoner while
3-19 on mandatory supervision shall remain in the legal custody of the
3-20 state and shall be amenable to conditions of supervision ordered by
3-21 the parole panel. A prisoner may not be released to mandatory
3-22 supervision if the prisoner is serving or has previously been
3-23 convicted for an offense and the judgment for the offense contains
3-24 an affirmative finding under Subdivision (2), Subsection (a),
3-25 Section 3g, Article 42.12, of this code or if the prisoner is
3-26 serving a sentence for or has previously been convicted of:
3-27 (1) a first degree felony under Section 19.02, Penal
4-1 Code (Murder);
4-2 (2) a capital felony under Section 19.03, Penal Code
4-3 (Capital Murder);
4-4 (3) a first degree felony or a second degree felony
4-5 under Section 20.04, Penal Code (Aggravated Kidnapping);
4-6 (4) a second degree felony under Section 22.011,
4-7 Penal Code (Sexual Assault);
4-8 (5) a second degree or first degree felony under
4-9 Section 22.02, Penal Code (Aggravated Assault);
4-10 (6) a first degree felony under Section 22.021, Penal
4-11 Code (Aggravated Sexual Assault);
4-12 (7) a first degree felony under Section 22.04, Penal
4-13 Code (Injury to a Child, Elderly Individual, or Disabled
4-14 Individual);
4-15 (8) a first degree felony under Section 28.02, Penal
4-16 Code (Arson);
4-17 (9) a second degree felony under Section 29.02, Penal
4-18 Code (Robbery);
4-19 (10) a first degree felony under Section 29.03, Penal
4-20 Code (Aggravated Robbery);
4-21 (11) a first degree felony under Section 30.02, Penal
4-22 Code (Burglary); [or]
4-23 (12) a felony for which the punishment is increased
4-24 under Section 481.134, Health and Safety Code (Drug-Free Zones);
4-25 or
4-26 (13) a felony under Section 46.14, Penal Code.
4-27 SECTION 6. (a) The change in law made by this Act applies
5-1 only to an offense committed on or after the effective date of this
5-2 Act. For purposes of this section, an offense is committed before
5-3 the effective date of this Act if any element of the offense occurs
5-4 before the effective date.
5-5 (b) An offense committed before the effective date of this
5-6 Act is covered by the law in effect when the offense was committed,
5-7 and the former law is continued in effect for that purpose.
5-8 SECTION 7. This Act takes effect September 1, 1997.
5-9 SECTION 8. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.