1-1 By: Shapiro S.B. No. 6
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 12, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 12, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 6 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to criminal solicitation of certain offenses involving a
1-11 controlled substance and to the sentencing of defendants convicted
1-12 of those offenses; providing a penalty.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 15.03, Penal Code, is amended by amending
1-15 Subsections (a) and (d) and adding Subsections (e) and (f) to read
1-16 as follows:
1-17 (a) A person commits an offense if, with intent that a
1-18 capital felony or felony of the first degree be committed, or with
1-19 intent that an offense under Chapter 481, Health and Safety Code,
1-20 for the delivery of a controlled substance be committed, the person
1-21 [he] requests, commands, or attempts to induce another to engage in
1-22 specific conduct that, under the circumstances surrounding the
1-23 other person's [his] conduct as the actor believes them to be,
1-24 would constitute the felony or make the other a party to its
1-25 commission.
1-26 (d) Except as provided by Subsection (e), an [An] offense
1-27 under this section is:
1-28 (1) a felony of the first degree if the offense
1-29 solicited is a capital offense; or
1-30 (2) a felony of the second degree if the offense
1-31 solicited is a felony of the first degree.
1-32 (e) The punishment for the solicitation of the delivery of a
1-33 controlled substance is determined according to the penalty group
1-34 to which the controlled substance is assigned and to the amount of
1-35 the controlled substance for which delivery is solicited, unless
1-36 the substance is marihuana, in which event the punishment is
1-37 determined according to the amount of marihuana for which delivery
1-38 is solicited. The punishment for solicitation of delivery of a
1-39 controlled substance listed in a penalty group is one category
1-40 lower than the punishment applicable to a person who delivers a
1-41 controlled substance in that penalty group and in the same amount
1-42 as the amount solicited by the actor. The punishment for
1-43 solicitation of marihuana is one category lower than the punishment
1-44 applicable to a person who delivers marihuana in the same amount as
1-45 the amount solicited by the actor. An offense under this section
1-46 is a Class C misdemeanor if the actor solicits delivery of a
1-47 controlled substance but does not solicit delivery of a specific
1-48 amount.
1-49 (f) If in soliciting the delivery of a controlled substance
1-50 the actor commits an offense under this section and Section 15.031,
1-51 the actor shall be prosecuted under Section 15.031.
1-52 SECTION 2. Subsection (a), Section 15.031, Penal Code, is
1-53 amended to read as follows:
1-54 (a) A person commits an offense if, with intent that an
1-55 offense punishable under Section 481.112(c), (d), (e), or (f),
1-56 Health and Safety Code, or an offense listed by Section
1-57 3g(a)(1)(A), (B), (C), (D), (E), (F), (G), or (H), Article 42.12,
1-58 Code of Criminal Procedure, be committed, the person requests,
1-59 commands, or attempts to induce a minor to engage in specific
1-60 conduct that, under the circumstances surrounding the actor's
1-61 conduct as the actor believes them to be, would constitute the
1-62 offense punishable under Section 481.112 or the [an] offense listed
1-63 by Section 3g(a)(1), [Article 42.12,] or make the minor a party to
1-64 the commission of the offense punishable under Section 481.112 or
2-1 the [an] offense listed by Section 3g(a)(1)[, Article 42.12].
2-2 SECTION 3. Subsection (a), Section 3g, Article 42.12, Code
2-3 of Criminal Procedure, is amended to read as follows:
2-4 (a) The provisions of Section 3 of this article do not
2-5 apply:
2-6 (1) to a defendant adjudged guilty of an offense
2-7 under:
2-8 (A) Section 19.02, Penal Code (Murder);
2-9 (B) Section 19.03, Penal Code (Capital murder);
2-10 (C) Section 21.11(a)(1), Penal Code (Indecency
2-11 with a child);
2-12 (D) Section 20.04, Penal Code (Aggravated
2-13 kidnapping);
2-14 (E) Section 22.021, Penal Code (Aggravated
2-15 sexual assault);
2-16 (F) Section 29.03, Penal Code (Aggravated
2-17 robbery);
2-18 (G) Chapter 481, Health and Safety Code, for
2-19 which punishment is increased under Section 481.134(c), (d), (e),
2-20 or (f), Health and Safety Code, if it is shown that the defendant
2-21 has been previously convicted of an offense for which punishment
2-22 was increased under any of those subsections; [or]
2-23 (H) Section 22.011(a)(2), Penal Code (Sexual
2-24 assault); or
2-25 (I) Section 15.031, Penal Code (Criminal
2-26 solicitation of a minor), if the offense solicited by the actor is
2-27 an offense punishable under Section 481.112(c), (d), (e), or (f),
2-28 Health and Safety Code; or
2-29 (2) to a defendant when it is shown that a deadly
2-30 weapon as defined in Section 1.07, Penal Code, was used or
2-31 exhibited during the commission of a felony offense or during
2-32 immediate flight therefrom, and that the defendant used or
2-33 exhibited the deadly weapon or was a party to the offense and knew
2-34 that a deadly weapon would be used or exhibited. On an affirmative
2-35 finding under this subdivision, the trial court shall enter the
2-36 finding in the judgment of the court. On an affirmative finding
2-37 that the deadly weapon was a firearm, the court shall enter that
2-38 finding in its judgment.
2-39 SECTION 4. Subsection (d), Section 508.145, Government Code,
2-40 is amended to read as follows:
2-41 (d) An inmate serving a sentence for an offense described by
2-42 Section 3g(a)(1)(A), (C), (D), (E), (F), (G), [or] (H), or (I),
2-43 Article 42.12, Code of Criminal Procedure, or for an offense for
2-44 which the judgment contains an affirmative finding under Section
2-45 3g(a)(2) of that article, is not eligible for release on parole
2-46 until the inmate's actual calendar time served, without
2-47 consideration of good conduct time, equals one-half of the sentence
2-48 or 30 calendar years, whichever is less, but in no event is the
2-49 inmate eligible for release on parole in less than two calendar
2-50 years.
2-51 SECTION 5. Subsection (a), Section 508.149, Government Code,
2-52 is amended to read as follows:
2-53 (a) An inmate may not be released to mandatory supervision
2-54 if the inmate is serving a sentence for or has been previously
2-55 convicted of:
2-56 (1) an offense for which the judgment contains an
2-57 affirmative finding under Section 3g(a)(2), Article 42.12, Code of
2-58 Criminal Procedure;
2-59 (2) a first degree felony or a second degree felony
2-60 under Section 19.02, Penal Code;
2-61 (3) a capital felony under Section 19.03, Penal Code;
2-62 (4) a first degree felony or a second degree felony
2-63 under Section 20.04, Penal Code;
2-64 (5) a second degree felony or a third degree felony
2-65 under Section 21.11, Penal Code;
2-66 (6) a second degree felony under Section 22.011, Penal
2-67 Code;
2-68 (7) a first degree felony or a second degree felony
2-69 under Section 22.02, Penal Code;
3-1 (8) a first degree felony under Section 22.021, Penal
3-2 Code;
3-3 (9) a first degree felony under Section 22.04, Penal
3-4 Code;
3-5 (10) a first degree felony under Section 28.02, Penal
3-6 Code;
3-7 (11) a second degree felony under Section 29.02, Penal
3-8 Code;
3-9 (12) a first degree felony under Section 29.03, Penal
3-10 Code;
3-11 (13) a first degree felony under Section 30.02, Penal
3-12 Code; [or]
3-13 (14) a felony for which the punishment is increased
3-14 under Section 481.134, Health and Safety Code; or
3-15 (15) a felony under Section 15.031, Penal Code, if the
3-16 offense solicited by the actor is an offense punishable under
3-17 Section 481.112(c), (d), (e), or (f), Health and Safety Code.
3-18 SECTION 6. (a) Subsection (c), Section 311.031, Government
3-19 Code, provides that an amendment made to a code's source law at the
3-20 same session the code is enacted is preserved and given effect as
3-21 part of the code provision that revised the statute so amended.
3-22 Subsection (a), Section 508.149, Government Code, as set out in
3-23 this Act, gives effect to changes made to that section by Chapter
3-24 238, Acts of the 75th Legislature, Regular Session, 1997.
3-25 (b) To the extent of any conflict, this Act prevails over
3-26 another Act of the 76th Legislature, Regular Session, 1999,
3-27 relating to nonsubstantive additions and corrections in enacted
3-28 codes.
3-29 SECTION 7. (a) The change in law made by this Act applies
3-30 only to a person convicted of an offense committed on or after the
3-31 effective date of this Act. For purposes of this section, an
3-32 offense is committed before the effective date of this Act if any
3-33 element of the offense occurs before the effective date.
3-34 (b) A person convicted of an offense committed before the
3-35 effective date of this Act is covered by the law in effect when the
3-36 offense was committed, and the former law is continued in effect
3-37 for that purpose.
3-38 SECTION 8. This Act takes effect September 1, 1999.
3-39 SECTION 9. The importance of this legislation and the
3-40 crowded condition of the calendars in both houses create an
3-41 emergency and an imperative public necessity that the
3-42 constitutional rule requiring bills to be read on three several
3-43 days in each house be suspended, and this rule is hereby suspended.
3-44 * * * * *