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.
2-11 * * * * *