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.