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.
1-58 * * * * *