By: Nelson, et al. S.B. No. 22
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the eligibility for release on community supervision or
1-2 parole for a defendant convicted of aggravated assault.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 3g, Article 42.12, Code
1-5 of Criminal Procedure, is amended to read as follows:
1-6 (a) The provisions of Section 3 of this article do not
1-7 apply:
1-8 (1) to a defendant adjudged guilty of an offense
1-9 under:
1-10 (A) Section 19.02, Penal Code (Murder);
1-11 (B) Section 19.03, Penal Code (Capital murder);
1-12 (C) Section 21.11(a)(1), Penal Code (Indecency
1-13 with a child);
1-14 (D) Section 20.04, Penal Code (Aggravated
1-15 kidnapping);
1-16 (E) Section 22.021, Penal Code (Aggravated
1-17 sexual assault);
1-18 (F) Section 29.03, Penal Code (Aggravated
1-19 robbery);
1-20 (G) Chapter 481, Health and Safety Code, for
1-21 which punishment is increased under Section 481.134(c), (d), (e),
1-22 or (f), Health and Safety Code, if it is shown that the defendant
1-23 has been previously convicted of an offense for which punishment
1-24 was increased under any of those subsections; [or]
2-1 (H) Section 22.011(a)(2), Penal Code (Sexual
2-2 assault); or
2-3 (I) Section 22.02(a)(1), Penal Code, (Aggravated
2-4 assault); or
2-5 (2) to a defendant when it is shown that a deadly
2-6 weapon as defined in Section 1.07, Penal Code, was used or
2-7 exhibited during the commission of a felony offense or during
2-8 immediate flight therefrom, and that the defendant used or
2-9 exhibited the deadly weapon or was a party to the offense and knew
2-10 that a deadly weapon would be used or exhibited. On an affirmative
2-11 finding under this subdivision, the trial court shall enter the
2-12 finding in the judgment of the court. On an affirmative finding
2-13 that the deadly weapon was a firearm, the court shall enter that
2-14 finding in its judgment.
2-15 SECTION 2. Subsection (d), Section 508.145, Government Code,
2-16 is amended to read as follows:
2-17 (d) An inmate serving a sentence for an offense described by
2-18 Section 3g(a)(1)(A), (C), (D), (E), (F), (G), [or] (H), or (I),
2-19 Article 42.12, Code of Criminal Procedure, or for an offense for
2-20 which the judgment contains an affirmative finding under Section
2-21 3g(a)(2) of that article, is not eligible for release on parole
2-22 until the inmate's actual calendar time served, without
2-23 consideration of good conduct time, equals one-half of the sentence
2-24 or 30 calendar years, whichever is less, but in no event is the
2-25 inmate eligible for release on parole in less than two calendar
2-26 years.
3-1 SECTION 3. (a) The change in law made by this Act applies
3-2 only to a person convicted of an offense committed on or after the
3-3 effective date of this Act. For purposes of this section, an
3-4 offense is committed before the effective date of this Act if any
3-5 element of the offense occurs before the effective date.
3-6 (b) A person convicted of an offense committed before the
3-7 effective date of this Act is covered by the law in effect when the
3-8 offense was committed, and the former law is continued in effect
3-9 for that purpose.
3-10 SECTION 4. This Act takes effect September 1, 1999.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.