By Corte                                                H.B. No. 22
         77R835 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment and eligibility for parole of certain
 1-3     defendants convicted of sexual assault, aggravated sexual assault,
 1-4     or indecency with a child.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 21.11(c), Penal Code, is amended to read
 1-7     as follows:
 1-8           (c)  An offense under Subsection (a)(1) is punishable by
 1-9     imprisonment in the institutional division for life, [a felony of
1-10     the second degree] and an offense under Subsection (a)(2) is a
1-11     felony of the third degree.
1-12           SECTION 2.  Section 22.011(f), Penal Code, is amended to read
1-13     as follows:
1-14           (f)  An offense under Subsection (a)(1) [this section] is a
1-15     felony of the second degree, and an offense under Subsection (a)(2)
1-16     is punishable by imprisonment in the institutional division for
1-17     life.
1-18           SECTION 3.  Section 22.021(e), Penal Code, is amended to read
1-19     as follows:
1-20           (e)  An offense under Subsection (a)(1) or (a)(2)(A) or (C)
1-21     [this section] is a felony of the first degree, and an offense
1-22     under Subsection (a)(2)(B) is punishable by imprisonment in the
1-23     institutional division for life.
1-24           SECTION 4. Section 508.145, Government Code, is amended by
 2-1     amending Subsection (d) and by adding Subsection (g) to read as
 2-2     follows:
 2-3           (d)  An inmate serving a sentence for an offense described by
 2-4     Section 3g(a)(1)(A), [(C),] (D), (E), (F), (G), or (H), Article
 2-5     42.12, Code of Criminal Procedure, or for an offense for which the
 2-6     judgment contains an affirmative finding under Section 3g(a)(2) of
 2-7     that article, is not eligible for release on parole until the
 2-8     inmate's actual calendar time served, without consideration of good
 2-9     conduct time, equals one-half of the sentence or 30 calendar years,
2-10     whichever is less, but in no event is the inmate eligible for
2-11     release on parole in less than two calendar years.
2-12           (g)  If an inmate is serving a sentence for an offense under
2-13     Section 21.11(a)(1), 22.011(a)(2), or 22.021(a)(2)(B), Penal Code,
2-14     the inmate is not eligible for release on parole.
2-15           SECTION 5.  (a)  The change in law made by this Act applies
2-16     only to an offense committed on or after the effective date of this
2-17     Act.  For purposes of this section, an offense is committed before
2-18     the effective date of this Act if any element of the offense occurs
2-19     before the effective date.
2-20           (b)  An offense committed before the effective date of this
2-21     Act is covered by the law in effect when the offense was committed,
2-22     and the former law is continued in effect for that purpose.
2-23           SECTION 6.  This Act takes effect September 1, 2001.