By Homer, Keel, et al. H.B. No. 156 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment for certain offenses under the Texas 1-3 Controlled Substances Act committed by a person using a child to 1-4 facilitate the commission of the offense. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter D, Chapter 481, Health and Safety 1-7 Code, is amended by adding Section 481.140 to read as follows: 1-8 Sec. 481.140. USE OF CHILD IN COMMISSION OF OFFENSE. (a) 1-9 If it is shown at the punishment phase of the trial of an offense 1-10 otherwise punishable as a state jail felony, felony of the third 1-11 degree, or felony of the second degree under Section 481.112, 1-12 481.1121, 481.113, 481.114, 481.120, or 481.122 that the defendant 1-13 used or attempted to use a child younger than 18 years of age to 1-14 commit or assist in the commission of the offense, the punishment 1-15 is increased by one degree, unless the defendant used or threatened 1-16 to use force against the child or another to gain the child's 1-17 assistance, in which event the punishment for the offense is a 1-18 felony of the first degree. 1-19 (b) Notwithstanding Article 42.08, Code of Criminal 1-20 Procedure, if punishment for a defendant is increased under this 1-21 section, the court may not order the sentence for the offense to 1-22 run concurrently with any other sentence the court imposes on the 1-23 defendant. 1-24 SECTION 2. Section 3g(a), Article 42.12, Code of Criminal 2-1 Procedure, is amended to read as follows: 2-2 (a) The provisions of Section 3 of this article do not 2-3 apply: 2-4 (1) to a defendant adjudged guilty of an offense 2-5 under: 2-6 (A) Section 19.02, Penal Code (Murder); 2-7 (B) Section 19.03, Penal Code (Capital murder); 2-8 (C) Section 21.11(a)(1), Penal Code (Indecency 2-9 with a child); 2-10 (D) Section 20.04, Penal Code (Aggravated 2-11 kidnapping); 2-12 (E) Section 22.021, Penal Code (Aggravated 2-13 sexual assault); 2-14 (F) Section 29.03, Penal Code (Aggravated 2-15 robbery); 2-16 (G) Chapter 481, Health and Safety Code, for 2-17 which punishment is increased under: 2-18 (i) Section 481.140, Health and Safety 2-19 Code; or 2-20 (ii) Section 481.134(c), (d), (e), or (f), 2-21 Health and Safety Code, if it is shown that the defendant has been 2-22 previously convicted of an offense for which punishment was 2-23 increased under any of those subsections; or 2-24 (H) Section 22.011, Penal Code (Sexual assault); 2-25 or 2-26 (2) to a defendant when it is shown that a deadly 2-27 weapon as defined in Section 1.07, Penal Code, was used or 3-1 exhibited during the commission of a felony offense or during 3-2 immediate flight therefrom, and that the defendant used or 3-3 exhibited the deadly weapon or was a party to the offense and knew 3-4 that a deadly weapon would be used or exhibited. On an affirmative 3-5 finding under this subdivision, the trial court shall enter the 3-6 finding in the judgment of the court. On an affirmative finding 3-7 that the deadly weapon was a firearm, the court shall enter that 3-8 finding in its judgment. 3-9 SECTION 3. Section 508.149(a), Government Code, is amended 3-10 to read as follows: 3-11 (a) An inmate may not be released to mandatory supervision 3-12 if the inmate is serving a sentence for or has been previously 3-13 convicted of: 3-14 (1) an offense for which the judgment contains an 3-15 affirmative finding under Section 3g(a)(2), Article 42.12, Code of 3-16 Criminal Procedure; 3-17 (2) a first degree felony or a second degree felony 3-18 under Section 19.02, Penal Code; 3-19 (3) a capital felony under Section 19.03, Penal Code; 3-20 (4) a first degree felony or a second degree felony 3-21 under Section 20.04, Penal Code; 3-22 (5) a second degree felony or a third degree felony 3-23 under Section 21.11, Penal Code; 3-24 (6) a second degree felony under Section 22.011, Penal 3-25 Code; 3-26 (7) a first degree felony or a second degree felony 3-27 under Section 22.02, Penal Code; 4-1 (8) a first degree felony under Section 22.021, Penal 4-2 Code; 4-3 (9) a first degree felony under Section 22.04, Penal 4-4 Code; 4-5 (10) a first degree felony under Section 28.02, Penal 4-6 Code; 4-7 (11) a second degree felony under Section 29.02, Penal 4-8 Code; 4-9 (12) a first degree felony under Section 29.03, Penal 4-10 Code; 4-11 (13) a first degree felony under Section 30.02, Penal 4-12 Code; or 4-13 (14) a felony for which the punishment is increased 4-14 under Section 481.134 or Section 481.140, Health and Safety Code. 4-15 SECTION 4. (a) The change in law made by this Act applies 4-16 only to a person convicted of an offense committed on or after the 4-17 effective date of this Act. For purposes of this section, an 4-18 offense is committed before the effective date of this Act if any 4-19 element of the offense occurs before the effective date. 4-20 (b) A person convicted of an offense committed before the 4-21 effective date of this Act is covered by the law in effect when the 4-22 offense was committed, and the former law is continued in effect 4-23 for that purpose. 4-24 SECTION 5. This Act takes effect immediately if it receives 4-25 a vote of two-thirds of all the members elected to each house, as 4-26 provided by Section 39, Article III, Texas Constitution. If this 4-27 Act does not receive the vote necessary for immediate effect, this 5-1 Act takes effect September 1, 2001.