1-1     By:  Allen, et al. (Senate Sponsor - Brown)           H.B. No. 1535
 1-2           (In the Senate - Received from the House April 21, 1999;
 1-3     April 22, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; May 14, 1999, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the eligibility for community supervision or parole for
 1-9     certain  defendants convicted of sexual assault.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 3g(a), Article 42.12, Code of Criminal
1-12     Procedure, is amended to read as follows:
1-13           (a)  The provisions of Section 3 of this article do not
1-14     apply:
1-15                 (1)  to a defendant adjudged guilty of an offense
1-16     under:
1-17                       (A)  Section 19.02, Penal Code (Murder);
1-18                       (B)  Section 19.03, Penal Code (Capital murder);
1-19                       (C)  Section 21.11(a)(1), Penal Code (Indecency
1-20     with a child);
1-21                       (D)  Section 20.04, Penal Code (Aggravated
1-22     kidnapping);
1-23                       (E)  Section 22.021, Penal Code (Aggravated
1-24     sexual assault);
1-25                       (F)  Section 29.03, Penal Code (Aggravated
1-26     robbery);
1-27                       (G)  Chapter 481, Health and Safety Code, for
1-28     which punishment is increased under Section 481.134(c), (d), (e),
1-29     or (f), Health and Safety Code, if it is shown that the defendant
1-30     has been previously convicted of an offense for which punishment
1-31     was increased under any of those subsections; or
1-32                       (H)  Section 22.011[(a)(2)], Penal Code (Sexual
1-33     assault); or
1-34                 (2)  to a defendant when it is shown that a deadly
1-35     weapon as defined in Section 1.07, Penal Code, was used or
1-36     exhibited during the commission of a felony offense or during
1-37     immediate flight therefrom, and that the defendant used or
1-38     exhibited the deadly weapon or was a party to the offense and knew
1-39     that a deadly weapon would be used or exhibited.  On an affirmative
1-40     finding under this subdivision, the trial court shall enter the
1-41     finding in the judgment of the court.  On an affirmative finding
1-42     that the deadly weapon was a firearm, the court shall enter that
1-43     finding in its judgment.
1-44           SECTION 2.  (a)  The change in law made by this Act applies
1-45     only to an offense committed on or after the effective date of this
1-46     Act.  For purposes of this section, an offense is committed before
1-47     the effective date of this Act if any element of the offense occurs
1-48     before the effective date.
1-49           (b)  An offense committed before the effective date of this
1-50     Act is covered by the law in effect when the offense was committed,
1-51     and the former law is continued in effect for that purpose.
1-52           SECTION 3.  This Act takes effect September 1, 1999.
1-53           SECTION 4.  The importance of this legislation and the
1-54     crowded condition of the calendars in both houses create an
1-55     emergency and an imperative public necessity that the
1-56     constitutional rule requiring bills to be read on three several
1-57     days in each house be suspended, and this rule is hereby suspended.
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