By: Shapiro S.B. No. 6
A BILL TO BE ENTITLED
AN ACT
1-1 relating to criminal solicitation of certain offenses involving a
1-2 controlled substance and to the sentencing of defendants convicted
1-3 of those offenses; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 15.03, Penal Code, is amended by amending
1-6 Subsections (a) and (d) and adding Subsections (e) and (f) to read
1-7 as follows:
1-8 (a) A person commits an offense if, with intent that a
1-9 capital felony or felony of the first degree be committed, or with
1-10 intent that an offense under Chapter 481, Health and Safety Code,
1-11 for the delivery of a controlled substance be committed, the person
1-12 [he] requests, commands, or attempts to induce another to engage in
1-13 specific conduct that, under the circumstances surrounding the
1-14 other person's [his] conduct as the actor believes them to be,
1-15 would constitute the felony or make the other a party to its
1-16 commission.
1-17 (d) Except as provided by Subsection (e), an [An] offense
1-18 under this section is:
1-19 (1) a felony of the first degree if the offense
1-20 solicited is a capital offense; or
1-21 (2) a felony of the second degree if the offense
1-22 solicited is a felony of the first degree.
1-23 (e) The punishment for the solicitation of the delivery of a
1-24 controlled substance is determined according to the penalty group
2-1 to which the controlled substance is assigned and to the amount of
2-2 the controlled substance for which delivery is solicited, unless
2-3 the substance is marihuana, in which event the punishment is
2-4 determined according to the amount of marihuana for which delivery
2-5 is solicited. The punishment for solicitation of delivery of a
2-6 controlled substance listed in a penalty group is one category
2-7 lower than the punishment applicable to a person who delivers a
2-8 controlled substance in that penalty group and in the same amount
2-9 as the amount solicited by the actor. The punishment for
2-10 solicitation of marihuana is one category lower than the punishment
2-11 applicable to a person who delivers marihuana in the same amount as
2-12 the amount solicited by the actor. An offense under this section
2-13 is a Class C misdemeanor if the actor solicits delivery of a
2-14 controlled substance but does not solicit delivery of a specific
2-15 amount.
2-16 (f) If in soliciting the delivery of a controlled substance
2-17 the actor commits an offense under this section and Section 15.031,
2-18 the actor shall be prosecuted under Section 15.031.
2-19 SECTION 2. Subsection (a), Section 15.031, Penal Code, is
2-20 amended to read as follows:
2-21 (a) A person commits an offense if, with intent that an
2-22 offense punishable under Section 481.112(c), (d), (e), or (f),
2-23 Health and Safety Code, or an offense listed by Section
2-24 3g(a)(1)(A), (B), (C), (D), (E), (F), (G), or (H), Article 42.12,
2-25 Code of Criminal Procedure, be committed, the person requests,
2-26 commands, or attempts to induce a minor to engage in specific
3-1 conduct that, under the circumstances surrounding the actor's
3-2 conduct as the actor believes them to be, would constitute the
3-3 offense punishable under Section 481.112 or the [an] offense listed
3-4 by Section 3g(a)(1), [Article 42.12,] or make the minor a party to
3-5 the commission of the offense punishable under Section 481.112 or
3-6 the [an] offense listed by Section 3g(a)(1)[, Article 42.12].
3-7 SECTION 3. Subsection (a), Section 3g, Article 42.12, Code
3-8 of Criminal Procedure, is amended to read as follows:
3-9 (a) The provisions of Section 3 of this article do not
3-10 apply:
3-11 (1) to a defendant adjudged guilty of an offense
3-12 under:
3-13 (A) Section 19.02, Penal Code (Murder);
3-14 (B) Section 19.03, Penal Code (Capital murder);
3-15 (C) Section 21.11(a)(1), Penal Code (Indecency
3-16 with a child);
3-17 (D) Section 20.04, Penal Code (Aggravated
3-18 kidnapping);
3-19 (E) Section 22.021, Penal Code (Aggravated
3-20 sexual assault);
3-21 (F) Section 29.03, Penal Code (Aggravated
3-22 robbery);
3-23 (G) Chapter 481, Health and Safety Code, for
3-24 which punishment is increased under Section 481.134(c), (d), (e),
3-25 or (f), Health and Safety Code, if it is shown that the defendant
3-26 has been previously convicted of an offense for which punishment
4-1 was increased under any of those subsections; [or]
4-2 (H) Section 22.011(a)(2), Penal Code (Sexual
4-3 assault); or
4-4 (I) Section 15.031, Penal Code (Criminal
4-5 solicitation of a minor), if the offense solicited by the actor is
4-6 an offense punishable under Section 481.112(c), (d), (e), or (f),
4-7 Health and Safety Code; or
4-8 (2) to a defendant when it is shown that a deadly
4-9 weapon as defined in Section 1.07, Penal Code, was used or
4-10 exhibited during the commission of a felony offense or during
4-11 immediate flight therefrom, and that the defendant used or
4-12 exhibited the deadly weapon or was a party to the offense and knew
4-13 that a deadly weapon would be used or exhibited. On an affirmative
4-14 finding under this subdivision, the trial court shall enter the
4-15 finding in the judgment of the court. On an affirmative finding
4-16 that the deadly weapon was a firearm, the court shall enter that
4-17 finding in its judgment.
4-18 SECTION 4. Subsection (d), Section 508.145, Government Code,
4-19 is amended to read as follows:
4-20 (d) An inmate serving a sentence for an offense described by
4-21 Section 3g(a)(1)(A), (C), (D), (E), (F), (G), [or] (H), or (I),
4-22 Article 42.12, Code of Criminal Procedure, or for an offense for
4-23 which the judgment contains an affirmative finding under Section
4-24 3g(a)(2) of that article, is not eligible for release on parole
4-25 until the inmate's actual calendar time served, without
4-26 consideration of good conduct time, equals one-half of the sentence
5-1 or 30 calendar years, whichever is less, but in no event is the
5-2 inmate eligible for release on parole in less than two calendar
5-3 years.
5-4 SECTION 5. Subsection (a), Section 508.149, Government Code,
5-5 is amended to read as follows:
5-6 (a) An inmate may not be released to mandatory supervision
5-7 if the inmate is serving a sentence for or has been previously
5-8 convicted of:
5-9 (1) an offense for which the judgment contains an
5-10 affirmative finding under Section 3g(a)(2), Article 42.12, Code of
5-11 Criminal Procedure;
5-12 (2) a first degree felony or a second degree felony
5-13 under Section 19.02, Penal Code;
5-14 (3) a capital felony under Section 19.03, Penal Code;
5-15 (4) a first degree felony or a second degree felony
5-16 under Section 20.04, Penal Code;
5-17 (5) a second degree felony or a third degree felony
5-18 under Section 21.11, Penal Code;
5-19 (6) a second degree felony under Section 22.011, Penal
5-20 Code;
5-21 (7) a first degree felony or a second degree felony
5-22 under Section 22.02, Penal Code;
5-23 (8) a first degree felony under Section 22.021, Penal
5-24 Code;
5-25 (9) a first degree felony under Section 22.04, Penal
5-26 Code;
6-1 (10) a first degree felony under Section 28.02, Penal
6-2 Code;
6-3 (11) a second degree felony under Section 29.02, Penal
6-4 Code;
6-5 (12) a first degree felony under Section 29.03, Penal
6-6 Code;
6-7 (13) a first degree felony under Section 30.02, Penal
6-8 Code; [or]
6-9 (14) a felony for which the punishment is increased
6-10 under Section 481.134, Health and Safety Code; or
6-11 (15) a felony under Section 15.031, Penal Code, if the
6-12 offense solicited by the actor is an offense punishable under
6-13 Section 481.112(c), (d), (e), or (f), Health and Safety Code.
6-14 SECTION 6. (a) Subsection (c), Section 311.031, Government
6-15 Code, provides that an amendment made to a code's source law at the
6-16 same session the code is enacted is preserved and given effect as
6-17 part of the code provision that revised the statute so amended.
6-18 Subsection (a), Section 508.149, Government Code, as set out in
6-19 this Act, gives effect to changes made to that section by Chapter
6-20 238, Acts of the 75th Legislature, Regular Session, 1997.
6-21 (b) To the extent of any conflict, this Act prevails over
6-22 another Act of the 76th Legislature, Regular Session, 1999,
6-23 relating to nonsubstantive additions and corrections in enacted
6-24 codes.
6-25 SECTION 7. (a) The change in law made by this Act applies
6-26 only to a person convicted of an offense committed on or after the
7-1 effective date of this Act. For purposes of this section, an
7-2 offense is committed before the effective date of this Act if any
7-3 element of the offense occurs before the effective date.
7-4 (b) A person convicted of an offense committed before the
7-5 effective date of this Act is covered by the law in effect when the
7-6 offense was committed, and the former law is continued in effect
7-7 for that purpose.
7-8 SECTION 8. This Act takes effect September 1, 1999.
7-9 SECTION 9. The importance of this legislation and the
7-10 crowded condition of the calendars in both houses create an
7-11 emergency and an imperative public necessity that the
7-12 constitutional rule requiring bills to be read on three several
7-13 days in each house be suspended, and this rule is hereby suspended.