By: Shapiro S.B. No. 46
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the punishment for certain defendants convicted of
1-2 assaultive offenses, including sexual assault, and for certain
1-3 offenses committed with intent to commit assaults.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (c), Section 12.42, Penal Code, is
1-6 amended to read as follows:
1-7 (c)(1) Except as provided by Subdivision (2), if [If] it is
1-8 shown on the trial of a first-degree felony that the defendant has
1-9 been once before convicted of a felony, on conviction he shall be
1-10 punished by imprisonment in the institutional division of the Texas
1-11 Department of Criminal Justice for life, or for any term of not
1-12 more than 99 years or less than 15 years. In addition to
1-13 imprisonment, an individual may be punished by a fine not to exceed
1-14 $10,000.
1-15 (2) A defendant shall be punished by imprisonment in
1-16 the institutional division for life if:
1-17 (A) the defendant is convicted of an offense:
1-18 (i) under Section 22.021 or 22.011, Penal
1-19 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,
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. Subsection (d), Section 12.42, Penal Code, is
2-22 amended to read 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
3-1 felony offenses, and the second previous felony conviction is for
3-2 an offense that occurred subsequent to the first previous
3-3 conviction having become final, on conviction he shall be punished
3-4 by imprisonment in the institutional division of the Texas
3-5 Department of Criminal Justice for life, or for any term of not
3-6 more than 99 years or less than 25 years.
3-7 [(2) A defendant shall be punished by imprisonment in
3-8 the institutional division for life if:]
3-9 [(A) the defendant is convicted of an offense:]
3-10 [(i) under Section 22.021, Penal Code;]
3-11 [(ii) under Section 20.04(a)(4), Penal
3-12 Code, if the defendant committed the offense with the intent to
3-13 violate or abuse the victim sexually; or]
3-14 [(iii) under Section 30.02, Penal Code,
3-15 punishable under Subsection (d) of that section, if the defendant
3-16 committed the offense with the intent to commit a felony described
3-17 by Subparagraph (i) or (ii) or a felony under Section 21.11 or
3-18 22.011, Penal Code; and]
3-19 [(B) the defendant has been previously convicted
3-20 of two felony offenses, at least one of which is an offense:]
3-21 [(i) under Section 43.25 or 43.26, Penal
3-22 Code;]
3-23 [(ii) under Section 21.11, 22.011, 22.021,
3-24 or 25.02, Penal Code;]
3-25 [(iii) under Section 20.04(a)(4), Penal
4-1 Code, if the defendant committed the offense with the intent to
4-2 violate or abuse the victim sexually; or]
4-3 [(iv) under Section 30.02, Penal Code,
4-4 punishable under Subsection (d) of that section, if the defendant
4-5 committed the offense with the intent to commit a felony described
4-6 by Subparagraph (ii) or (iii).]
4-7 SECTION 3. Subdivision (2), Subsection (b), Section 8,
4-8 Article 42.18, Code of Criminal Procedure, is amended to read as
4-9 follows:
4-10 (2) If a prisoner is serving a life sentence for a
4-11 capital felony, the prisoner is not eligible for release on parole
4-12 until the actual calendar time the prisoner has served, without
4-13 consideration of good conduct time, equals 40 calendar years. If a
4-14 prisoner is serving a life sentence imposed under Section
4-15 12.42(c)(2) [12.42(d)(2)], Penal Code, the prisoner is not eligible
4-16 for release on parole until the actual calendar time the prisoner
4-17 has served, without consideration of good conduct time, equals 35
4-18 calendar years.
4-19 SECTION 4. (a) The change in law made by this Act applies
4-20 only to the punishment for an offense committed on or after the
4-21 effective date of this Act. For purposes of this section, an
4-22 offense is committed before the effective date of this Act if any
4-23 element of the offense occurs before that date.
4-24 (b) The punishment for an offense committed before the
4-25 effective date of this Act is covered by the law in effect when the
5-1 offense was committed, and the former law is continued in effect
5-2 for that purpose.
5-3 SECTION 5. This Act takes effect September 1, 1997.
5-4 SECTION 6. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.