76R15308 GWK-D
By Shapiro S.B. No. 6
Substitute the following for S.B. No. 6:
By Hinojosa C.S.S.B. No. 6
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain offenses under the Texas
1-3 Controlled Substances Act committed by a person using a child to
1-4 facilitate the commission of the offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 481, Health and Safety
1-7 Code, is amended by adding Section 481.140 to read as follows:
1-8 Sec. 481.140. USE OF CHILD IN COMMISSION OF OFFENSE. (a)
1-9 If it is shown at the punishment phase of the trial of an offense
1-10 otherwise punishable as a state jail felony, felony of the third
1-11 degree, or felony of the second degree under Section 481.112,
1-12 481.1121, 481.113, 481.114, 481.120, or 481.122 that the defendant
1-13 used or attempted to use a child younger than 18 years of age to
1-14 commit or assist in the commission of the offense, the punishment
1-15 is increased by one degree, unless the defendant used or threatened
1-16 to use force against the child or another to gain the child's
1-17 assistance, in which event the punishment for the offense is a
1-18 felony of the first degree.
1-19 (b) Notwithstanding Article 42.08, Code of Criminal
1-20 Procedure, if punishment for a defendant is increased under this
1-21 section, the court may not order the sentence for the offense to
1-22 run concurrently with any other sentence the court imposes on the
1-23 defendant.
2-1 SECTION 2. Section 3g(a), Article 42.12, Code of Criminal
2-2 Procedure, is amended to read as follows:
2-3 (a) The provisions of Section 3 of this article do not
2-4 apply:
2-5 (1) to a defendant adjudged guilty of an offense
2-6 under:
2-7 (A) Section 19.02, Penal Code (Murder);
2-8 (B) Section 19.03, Penal Code (Capital murder);
2-9 (C) Section 21.11(a)(1), Penal Code (Indecency
2-10 with a child);
2-11 (D) Section 20.04, Penal Code (Aggravated
2-12 kidnapping);
2-13 (E) Section 22.021, Penal Code (Aggravated
2-14 sexual assault);
2-15 (F) Section 29.03, Penal Code (Aggravated
2-16 robbery);
2-17 (G) Chapter 481, Health and Safety Code, for
2-18 which punishment is increased under Section 481.134(c), (d), (e),
2-19 or (f), Health and Safety Code, if it is shown that the defendant
2-20 has been previously convicted of an offense for which punishment
2-21 was increased under any of those subsections; [or]
2-22 (H) Section 22.011(a)(2), Penal Code (Sexual
2-23 assault); or
2-24 (I) Chapter 481, Health and Safety Code, for
2-25 which punishment is increased under Section 481.140; or
2-26 (2) to a defendant when it is shown that a deadly
2-27 weapon as defined in Section 1.07, Penal Code, was used or
3-1 exhibited during the commission of a felony offense or during
3-2 immediate flight therefrom, and that the defendant used or
3-3 exhibited the deadly weapon or was a party to the offense and knew
3-4 that a deadly weapon would be used or exhibited. On an affirmative
3-5 finding under this subdivision, the trial court shall enter the
3-6 finding in the judgment of the court. On an affirmative finding
3-7 that the deadly weapon was a firearm, the court shall enter that
3-8 finding in its judgment.
3-9 SECTION 3. Section 508.145(d), Government Code, is amended
3-10 to read as follows:
3-11 (d) An inmate serving a sentence for an offense described by
3-12 Section 3g(a)(1)(A), (C), (D), (E), (F), (G), [or] (H), or (I),
3-13 Article 42.12, Code of Criminal Procedure, or for an offense for
3-14 which the judgment contains an affirmative finding under Section
3-15 3g(a)(2) of that article, is not eligible for release on parole
3-16 until the inmate's actual calendar time served, without
3-17 consideration of good conduct time, equals one-half of the sentence
3-18 or 30 calendar years, whichever is less, but in no event is the
3-19 inmate eligible for release on parole in less than two calendar
3-20 years.
3-21 SECTION 4. Section 508.149(a), Government Code, is amended
3-22 to read as follows:
3-23 (a) An inmate may not be released to mandatory supervision
3-24 if the inmate is serving a sentence for or has been previously
3-25 convicted of:
3-26 (1) an offense for which the judgment contains an
3-27 affirmative finding under Section 3g(a)(2), Article 42.12, Code of
4-1 Criminal Procedure;
4-2 (2) a first degree felony or a second degree felony
4-3 under Section 19.02, Penal Code;
4-4 (3) a capital felony under Section 19.03, Penal Code;
4-5 (4) a first degree felony or a second degree felony
4-6 under Section 20.04, Penal Code;
4-7 (5) a second degree felony or a third degree felony
4-8 under Section 21.11, Penal Code;
4-9 (6) a second degree felony under Section 22.011, Penal
4-10 Code;
4-11 (7) a first degree felony or a second degree felony
4-12 under Section 22.02, Penal Code;
4-13 (8) a first degree felony under Section 22.021, Penal
4-14 Code;
4-15 (9) a first degree felony under Section 22.04, Penal
4-16 Code;
4-17 (10) a first degree felony under Section 28.02, Penal
4-18 Code;
4-19 (11) a second degree felony under Section 29.02, Penal
4-20 Code;
4-21 (12) a first degree felony under Section 29.03, Penal
4-22 Code;
4-23 (13) a first degree felony under Section 30.02, Penal
4-24 Code; [or]
4-25 (14) a felony for which the punishment is increased
4-26 under Section 481.134, Health and Safety Code; or
4-27 (15) a felony for which the punishment is increased
5-1 under Section 481.140, Health and Safety Code.
5-2 SECTION 5. (a) Section 311.031(c), Government Code,
5-3 provides that an amendment made to a code's source law at the same
5-4 session the code is enacted is preserved and given effect as part
5-5 of the code provision that revised the statute so amended. Section
5-6 508.149(a), Government Code, as set out in this Act, gives effect
5-7 to changes made to that section by Chapter 238, Acts of the 75th
5-8 Legislature, Regular Session, 1997.
5-9 (b) To the extent of any conflict, this Act prevails over
5-10 another Act of the 76th Legislature, Regular Session, 1999,
5-11 relating to nonsubstantive additions and corrections in enacted
5-12 codes.
5-13 SECTION 6. (a) The change in law made by this Act applies
5-14 only to a person convicted of an offense committed on or after the
5-15 effective date of this Act. For purposes of this section, an
5-16 offense is committed before the effective date of this Act if any
5-17 element of the offense occurs before the effective date.
5-18 (b) A person convicted of an offense committed before the
5-19 effective date of this Act is covered by the law in effect when the
5-20 offense was committed, and the former law is continued in effect
5-21 for that purpose.
5-22 SECTION 7. This Act takes effect September 1, 1999.
5-23 SECTION 8. The importance of this legislation and the
5-24 crowded condition of the calendars in both houses create an
5-25 emergency and an imperative public necessity that the
5-26 constitutional rule requiring bills to be read on three several
5-27 days in each house be suspended, and this rule is hereby suspended.