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.