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.