By Shapiro                                              S.B. No. 46

      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.