1-1     By:  Nelson, et al.                                     S.B. No. 22
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     April 19, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 19, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 22                    By:  Nelson
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the eligibility for release on community supervision or
1-11     parole for a defendant convicted of aggravated assault.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (a), Section 3g, Article 42.12, Code
1-14     of Criminal Procedure, is amended to read as follows:
1-15           (a)  The provisions of Section 3 of this article do not
1-16     apply:
1-17                 (1)  to a defendant adjudged guilty of an offense
1-18     under:
1-19                       (A)  Section 19.02, Penal Code (Murder);
1-20                       (B)  Section 19.03, Penal Code (Capital murder);
1-21                       (C)  Section 21.11(a)(1), Penal Code (Indecency
1-22     with a child);
1-23                       (D)  Section 20.04, Penal Code (Aggravated
1-24     kidnapping);
1-25                       (E)  Section 22.021, Penal Code (Aggravated
1-26     sexual assault);
1-27                       (F)  Section 29.03, Penal Code (Aggravated
1-28     robbery);
1-29                       (G)  Chapter 481, Health and Safety Code, for
1-30     which punishment is increased under  Section 481.134(c), (d), (e),
1-31     or (f), Health and Safety Code, if it is shown that the defendant
1-32     has been previously convicted of an offense for which punishment
1-33     was increased under any of those subsections; [or]
1-34                       (H)  Section 22.011(a)(2), Penal Code (Sexual
1-35     assault); or
1-36                       (I)  Section 22.02(a)(1), Penal Code, (Aggravated
1-37     assault); or
1-38                 (2)  to a defendant when it is shown that a deadly
1-39     weapon as defined in  Section 1.07, Penal Code, was used or
1-40     exhibited during the commission of a felony offense or during
1-41     immediate flight therefrom, and that the defendant used or
1-42     exhibited the deadly weapon or was a party to the offense and knew
1-43     that a deadly weapon would be used or exhibited.  On an affirmative
1-44     finding under this subdivision, the trial court shall enter the
1-45     finding in the judgment of the court.  On an affirmative finding
1-46     that the deadly weapon was a firearm, the court shall enter that
1-47     finding in its judgment.
1-48           SECTION 2.  Subsection (d), Section 508.145, Government Code,
1-49     is amended to read as follows:
1-50           (d)  An inmate serving a sentence for an offense described by
1-51     Section 3g(a)(1)(A), (C), (D), (E), (F), (G), [or] (H), or (I),
1-52     Article 42.12, Code of Criminal Procedure, or for an offense for
1-53     which the judgment contains an affirmative finding under Section
1-54     3g(a)(2) of that article, is not eligible for release on parole
1-55     until the inmate's actual calendar time served, without
1-56     consideration of good conduct time, equals one-half of the sentence
1-57     or 30 calendar years, whichever is less, but in no event is the
1-58     inmate eligible for release on parole in less than two calendar
1-59     years.
1-60           SECTION 3.  (a)  The change in law made by this Act applies
1-61     only to a person convicted of an offense committed on or after the
1-62     effective date of this Act.  For purposes of this section, an
1-63     offense is committed before the effective date of this Act if any
1-64     element of the offense occurs before the effective date.
 2-1           (b)  A person convicted of an offense committed before the
 2-2     effective date of this Act is covered by the law in effect when the
 2-3     offense was committed, and the former law is continued in effect
 2-4     for that purpose.
 2-5           SECTION 4.  This Act takes effect September 1, 1999.
 2-6           SECTION 5.  The importance of this legislation and the
 2-7     crowded condition of the calendars in both houses create an
 2-8     emergency and an imperative public necessity that the
 2-9     constitutional rule requiring bills to be read on three several
2-10     days in each house be suspended, and this rule is hereby suspended.
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