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                                  * * * * *