By Homer, Keel H.B. No. 156
77R911 GWK-D
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 September 1, 2001.