By Allen, Danburg, Wise, Green, Hardcastle            H.B. No. 1535
         76R6386 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the eligibility for community supervision or parole for
 1-3     certain  defendants convicted of sexual assault.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 3g(a), Article 42.12, Code of Criminal
 1-6     Procedure, is amended to read as follows:
 1-7           (a)  The provisions of Section 3 of this article do not
 1-8     apply:
 1-9                 (1)  to a defendant adjudged guilty of an offense
1-10     under:
1-11                       (A)  Section 19.02, Penal Code (Murder);
1-12                       (B)  Section 19.03, Penal Code (Capital murder);
1-13                       (C)  Section 21.11(a)(1), Penal Code (Indecency
1-14     with a child);
1-15                       (D)  Section 20.04, Penal Code (Aggravated
1-16     kidnapping);
1-17                       (E)  Section 22.021, Penal Code (Aggravated
1-18     sexual assault);
1-19                       (F)  Section 29.03, Penal Code (Aggravated
1-20     robbery);
1-21                       (G)  Chapter 481, Health and Safety Code, for
1-22     which punishment is increased under Section 481.134(c), (d), (e),
1-23     or (f), Health and Safety Code, if it is shown that the defendant
1-24     has been previously convicted of an offense for which punishment
 2-1     was increased under any of those subsections; or
 2-2                       (H)  Section 22.011[(a)(2)], Penal Code (Sexual
 2-3     assault); or
 2-4                 (2)  to a defendant when it is shown that a deadly
 2-5     weapon as defined in Section 1.07, Penal Code, was used or
 2-6     exhibited during the commission of a felony offense or during
 2-7     immediate flight therefrom, and that the defendant used or
 2-8     exhibited the deadly weapon or was a party to the offense and knew
 2-9     that a deadly weapon would be used or exhibited.  On an affirmative
2-10     finding under this subdivision, the trial court shall enter the
2-11     finding in the judgment of the court.  On an affirmative finding
2-12     that the deadly weapon was a firearm, the court shall enter that
2-13     finding in its judgment.
2-14           SECTION 2.  (a)  The change in law made by this Act applies
2-15     only to an offense committed on or after the effective date of this
2-16     Act.  For purposes of this section, an offense is committed before
2-17     the effective date of this Act if any element of the offense occurs
2-18     before the effective date.
2-19           (b)  An offense committed before the effective date of this
2-20     Act is covered by the law in effect when the offense was committed,
2-21     and the former law is continued in effect for that purpose.
2-22           SECTION 3.  This Act takes effect September 1, 1999.
2-23           SECTION 4.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended.