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.