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.
2-54 * * * * *