By Shapiro S.B. No. 6
76R8181 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility for release on community supervision,
1-3 parole, or mandatory supervision for a defendant convicted of
1-4 soliciting a minor to deliver a controlled substance.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 15.031(a), Penal Code, is amended to read
1-7 as follows:
1-8 (a) A person commits an offense if, with intent that an
1-9 offense punishable under Section 481.112(c), (d), (e), or (f),
1-10 Health and Safety Code, or an offense listed by Section
1-11 3g(a)(1)(A), (B), (C), (D), (E), (F), (G), or (H), Article 42.12,
1-12 Code of Criminal Procedure, be committed, the person requests,
1-13 commands, or attempts to induce a minor to engage in specific
1-14 conduct that, under the circumstances surrounding the actor's
1-15 conduct as the actor believes them to be, would constitute the
1-16 offense punishable under Section 481.112 or the [an] offense listed
1-17 by Section 3g(a)(1), [Article 42.12,] or make the minor a party to
1-18 the commission of the offense punishable under Section 481.112 of
1-19 the [an] offense listed by Section 3g(a)(1)[, Article 42.12].
1-20 SECTION 2. Section 3g(a), Article 42.12, Code of Criminal
1-21 Procedure, is amended to read as follows:
1-22 (a) The provisions of Section 3 of this article do not
1-23 apply:
1-24 (1) to a defendant adjudged guilty of an offense
2-1 under:
2-2 (A) Section 19.02, Penal Code (Murder);
2-3 (B) Section 19.03, Penal Code (Capital murder);
2-4 (C) Section 21.11(a)(1), Penal Code (Indecency
2-5 with a child);
2-6 (D) Section 20.04, Penal Code (Aggravated
2-7 kidnapping);
2-8 (E) Section 22.021, Penal Code (Aggravated
2-9 sexual assault);
2-10 (F) Section 29.03, Penal Code (Aggravated
2-11 robbery);
2-12 (G) Chapter 481, Health and Safety Code, for
2-13 which punishment is increased under Section 481.134(c), (d), (e),
2-14 or (f), Health and Safety Code, if it is shown that the defendant
2-15 has been previously convicted of an offense for which punishment
2-16 was increased under any of those subsections; [or]
2-17 (H) Section 22.011(a)(2), Penal Code (Sexual
2-18 assault); or
2-19 (I) Section 15.031, Penal Code (Criminal
2-20 solicitation of a minor), if the offense solicited by the actor is
2-21 an offense punishable under Section 481.112(c), (d), (e), or (f),
2-22 Health and Safety Code; or
2-23 (2) to a defendant when it is shown that a deadly
2-24 weapon as defined in Section 1.07, Penal Code, was used or
2-25 exhibited during the commission of a felony offense or during
2-26 immediate flight therefrom, and that the defendant used or
2-27 exhibited the deadly weapon or was a party to the offense and knew
3-1 that a deadly weapon would be used or exhibited. On an affirmative
3-2 finding under this subdivision, the trial court shall enter the
3-3 finding in the judgment of the court. On an affirmative finding
3-4 that the deadly weapon was a firearm, the court shall enter that
3-5 finding in its judgment.
3-6 SECTION 3. Section 508.145(d), Government Code, is amended
3-7 to read as follows:
3-8 (d) An inmate serving a sentence for an offense described by
3-9 Section 3g(a)(1)(A), (C), (D), (E), (F), (G), [or] (H), or (I),
3-10 Article 42.12, Code of Criminal Procedure, or for an offense for
3-11 which the judgment contains an affirmative finding under Section
3-12 3g(a)(2) of that article, is not eligible for release on parole
3-13 until the inmate's actual calendar time served, without
3-14 consideration of good conduct time, equals one-half of the sentence
3-15 or 30 calendar years, whichever is less, but in no event is the
3-16 inmate eligible for release on parole in less than two calendar
3-17 years.
3-18 SECTION 4. Section 508.149(a), Government Code, is amended
3-19 to read as follows:
3-20 (a) An inmate may not be released to mandatory supervision
3-21 if the inmate is serving a sentence for or has been previously
3-22 convicted of:
3-23 (1) an offense for which the judgement contains an
3-24 affirmative finding under Section 3g(a)(2), Article 42.12, Code of
3-25 Criminal Procedure;
3-26 (2) a first degree felony or a second degree felony
3-27 under Section 19.02, Penal Code;
4-1 (3) a capital felony under Section 19.03, Penal Code;
4-2 (4) a first degree felony or a second degree felony
4-3 under Section 20.04, Penal Code;
4-4 (5) a second degree felony or a third degree felony
4-5 under Section 21.11, Penal Code;
4-6 (6) a second degree felony under Section 22.011, Penal
4-7 Code;
4-8 (7) a first degree felony or a second degree felony
4-9 under Section 22.02, Penal Code;
4-10 (8) a first degree felony under Section 22.021, Penal
4-11 Code;
4-12 (9) a first degree felony under Section 22.04, Penal
4-13 Code;
4-14 (10) a first degree felony under Section 28.02, Penal
4-15 Code;
4-16 (11) a second degree felony under Section 29.02, Penal
4-17 Code;
4-18 (12) a first degree felony under Section 29.03, Penal
4-19 Code;
4-20 (13) a first degree felony under Section 30.02, Penal
4-21 Code; [or]
4-22 (14) a felony for which the punishment is increased
4-23 under Section 481.134, Health and Safety Code; or
4-24 (15) a felony under Section 15.031, Penal Code, if the
4-25 offense solicited by the actor is an offense punishable under
4-26 Section 481.112(c), (d), (e), or (f), Health and Safety Code.
4-27 SECTION 5. (a) Section 311.031(c), Government Code,
5-1 provides that an amendment made to a code's source law at the same
5-2 session the code is enacted is preserved and given effect as part
5-3 of the code provision that revised the statute so amended. Section
5-4 508.149(a), Government Code, as set out in this Act, gives effect
5-5 to changes made to that section by Chapter 238, Acts of the 75th
5-6 Legislature, Regular Session, 1997.
5-7 (b) To the extent of any conflict, this Act prevails over
5-8 another Act of the 76th Legislature, Regular Session, 1999,
5-9 relating to nonsubstantive additions and corrections in enacted
5-10 codes.
5-11 SECTION 6. (a) The change in law made by this Act applies
5-12 only to a person convicted of an offense committed on or after the
5-13 effective date of this Act. For purposes of this section, an
5-14 offense is committed before the effective date of this Act if any
5-15 element of the offense occurs before the effective date.
5-16 (b) A person convicted of an offense committed before the
5-17 effective date of this Act is covered by the law in effect when the
5-18 offense was committed, and the former law is continued in effect
5-19 for that purpose.
5-20 SECTION 7. This Act takes effect September 1, 1999.
5-21 SECTION 8. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended.