1-1           By:  Shapiro                                      S.B. No. 46

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     March 5, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 5, Nays 0; March 5, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Shapiro

 1-7     Committee Amendment to S.B. 46

 1-8           Amend S.B. No. 46 at line 19, page 1, by inserting "or

 1-9     22.011" before the comma.

1-10                            A BILL TO BE ENTITLED

1-11                                   AN ACT

1-12     relating to the punishment for certain defendants convicted of

1-13     assaultive offenses, including sexual assault, and for certain

1-14     offenses committed with intent to commit assaults.

1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-16           SECTION 1.  Subsection (c), Section 12.42, Penal Code, is

1-17     amended to read as follows:

1-18           (c)(1)  Except as provided by Subdivision (2), if [If] it is

1-19     shown on the trial of a first-degree felony that the defendant has

1-20     been once before convicted of a felony, on conviction he shall be

1-21     punished by imprisonment in the institutional division of the Texas

1-22     Department of Criminal Justice for life, or for any term of not

1-23     more than 99 years or less than 15 years.  In addition to

1-24     imprisonment, an individual may be punished by a fine not to exceed

1-25     $10,000.

1-26                 (2)  A defendant shall be punished by imprisonment in

1-27     the institutional division for life if:

1-28                       (A)  the defendant is convicted of an offense:

1-29                             (i)  under Section 22.021, Penal Code;

1-30                             (ii)  under Section 20.04(a)(4), Penal

1-31     Code, if the defendant committed the offense with the intent to

1-32     violate or abuse the victim sexually; or

1-33                             (iii)  under Section 30.02, Penal Code,

1-34     punishable under Subsection (d) of that section, if the defendant

1-35     committed the offense with the intent to commit a felony described

1-36     by Subparagraph (i) or (ii) or a felony under Section 21.11 or

1-37     22.011, Penal Code; and

1-38                       (B)  the defendant has been previously convicted

1-39     of an offense:

1-40                             (i)  under Section 43.25 or 43.26, Penal

1-41     Code;

1-42                             (ii)  under Section 21.11, 22.011, 22.021,

1-43     or 25.02, Penal Code;

1-44                             (iii)  under Section 20.04(a)(4), Penal

1-45     Code, if the defendant committed the offense with the intent to

1-46     violate or abuse the victim sexually;

1-47                             (iv)  under Section 30.02, Penal Code,

1-48     punishable under Subsection (d) of that section, if the defendant

1-49     committed the offense with the intent to commit a felony described

1-50     by Subparagraph (ii) or (iii); or

1-51                             (v)  under the laws of another state

1-52     containing elements that are substantially similar to the elements

1-53     of an offense listed in Subparagraph (i), (ii), (iii), or (iv).

1-54           SECTION 2.  Subsection (d), Section 12.42, Penal Code, is

1-55     amended to read as follows:

1-56           (d)[(1)]  If it is shown on the trial of a felony offense

1-57     other than a state jail felony punishable under Section 12.35(a)

1-58     that the defendant has previously been finally convicted of two

1-59     felony offenses, and the second previous felony conviction is for

1-60     an offense that occurred subsequent to the first previous

1-61     conviction having become final, on conviction he shall be punished

1-62     by imprisonment in the institutional division of the Texas

1-63     Department of Criminal Justice for life, or for any term of not

 2-1     more than 99 years or less than 25 years.

 2-2                 [(2)  A defendant shall be punished by imprisonment in

 2-3     the institutional division for life if:]

 2-4                       [(A)  the defendant is convicted of an offense:]

 2-5                             [(i)  under Section 22.021, Penal Code;]

 2-6                             [(ii)  under Section 20.04(a)(4), Penal

 2-7     Code, if the defendant committed the offense with the intent to

 2-8     violate or abuse the victim sexually; or]

 2-9                             [(iii)  under Section 30.02, Penal Code,

2-10     punishable under Subsection (d) of that section, if the defendant

2-11     committed the offense with the intent to commit a felony described

2-12     by Subparagraph (i) or (ii) or a felony under Section 21.11 or

2-13     22.011, Penal Code; and]

2-14                       [(B)  the defendant has been previously convicted

2-15     of two felony offenses, at least one of which is an offense:]

2-16                             [(i)  under Section 43.25 or 43.26, Penal

2-17     Code;]

2-18                             [(ii)  under Section 21.11, 22.011, 22.021,

2-19     or 25.02, Penal Code;]

2-20                             [(iii)  under Section 20.04(a)(4), Penal

2-21     Code, if the defendant committed the offense with the intent to

2-22     violate or abuse the victim sexually; or]

2-23                             [(iv)  under Section 30.02, Penal Code,

2-24     punishable under Subsection (d) of that section, if the defendant

2-25     committed the offense with the intent to commit a felony described

2-26     by Subparagraph (ii) or (iii).]

2-27           SECTION 3.  Subdivision (2), Subsection (b), Section 8,

2-28     Article 42.18, Code of Criminal Procedure, is amended to read as

2-29     follows:

2-30                 (2)  If a prisoner is serving a life sentence for a

2-31     capital felony, the prisoner is not eligible for release on parole

2-32     until the actual calendar time the prisoner has served, without

2-33     consideration of good conduct time, equals 40 calendar years.  If a

2-34     prisoner is serving a life sentence imposed under Section

2-35     12.42(c)(2) [12.42(d)(2)], Penal Code, the prisoner is not eligible

2-36     for release on parole until the actual calendar time the prisoner

2-37     has served, without consideration of good conduct time, equals 35

2-38     calendar years.

2-39           SECTION 4.  (a)  The change in law made by this Act applies

2-40     only to the punishment for an offense committed on or after the

2-41     effective date of this Act.  For purposes of this section, an

2-42     offense is committed before the effective date of this Act if any

2-43     element of the offense occurs before that date.

2-44           (b)  The punishment for an offense committed before the

2-45     effective date of this Act is covered by the law in effect when the

2-46     offense was committed, and the former law is continued in effect

2-47     for that purpose.

2-48           SECTION 5.  This Act takes effect September 1, 1997.

2-49           SECTION 6.  The importance of this legislation and the

2-50     crowded condition of the calendars in both houses create an

2-51     emergency and an imperative public necessity that the

2-52     constitutional rule requiring bills to be read on three several

2-53     days in each house be suspended, and this rule is hereby suspended.

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