By Nelson S.B. No. 38
75R1423 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment and eligibility for release on parole of
1-3 criminal defendants who commit certain sexual offenses and sexually
1-4 assaultive offenses against children.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 12.42(d), Penal Code, is amended by
1-7 adding Subdivision (3) to read as follows:
1-8 (3) A defendant shall be punished by imprisonment in
1-9 the institutional division for life if:
1-10 (A) the defendant is convicted of an offense
1-11 under Section 21.11(a)(1), 22.011(a)(2), or 22.021(a)(2)(B); and
1-12 (B) the defendant has previously been finally
1-13 convicted of an offense under Section 21.11(a)(1), 22.011(a)(2), or
1-14 22.021(a)(2)(B).
1-15 SECTION 2. Section 8(b), Article 42.18, Code of Criminal
1-16 Procedure, is amended by amending Subdivision (3) and by adding
1-17 Subdivision (6) to read as follows:
1-18 (3) If a prisoner, other than a prisoner described by
1-19 Subdivision (6) of this subsection, is serving a sentence for the
1-20 offenses described by Subdivision (1)(A), (C), (D), (E), (F), or
1-21 (G) of Section 3g(a), Article 42.12 of this code, or if the
1-22 judgment contains an affirmative finding under Subdivision (2) of
1-23 Subsection (a) of Section 3g of that article, he is not eligible
1-24 for release on parole until his actual calendar time served,
2-1 without consideration of good conduct time, equals one-half of the
2-2 maximum sentence or 30 calendar years, whichever is less, but in no
2-3 event shall he be eligible for release on parole in less than two
2-4 calendar years.
2-5 (6) If a prisoner is serving a life sentence imposed
2-6 under Section 12.42(d)(3), Penal Code, the prisoner is not eligible
2-7 for release on parole.
2-8 SECTION 3. (a) The change in law made by this Act applies
2-9 only to an offense committed on or after the effective date of this
2-10 Act. For purposes of this section, an offense is committed before
2-11 the effective date of this Act if any element of the offense occurs
2-12 before the effective date.
2-13 (b) An offense committed before the effective date of this
2-14 Act is covered by the law in effect when the offense was committed,
2-15 and the former law is continued in effect for that purpose.
2-16 SECTION 4. This Act takes effect September 1, 1997.
2-17 SECTION 5. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.