1-1 By: Homer, Keel, et al. (Senate Sponsor - Shapiro) H.B. No. 156 1-2 (In the Senate - Received from the House April 27, 2001; 1-3 April 30, 2001, read first time and referred to Committee on 1-4 Criminal Justice; May 10, 2001, reported favorably by the following 1-5 vote: Yeas 6, Nays 0; May 10, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the punishment for certain offenses under the Texas 1-9 Controlled Substances Act committed by a person using a child to 1-10 facilitate the commission of the offense. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter D, Chapter 481, Health and Safety 1-13 Code, is amended by adding Section 481.140 to read as follows: 1-14 Sec. 481.140. USE OF CHILD IN COMMISSION OF OFFENSE. (a) 1-15 If it is shown at the punishment phase of the trial of an offense 1-16 otherwise punishable as a state jail felony, felony of the third 1-17 degree, or felony of the second degree under Section 481.112, 1-18 481.1121, 481.113, 481.114, 481.120, or 481.122 that the defendant 1-19 used or attempted to use a child younger than 18 years of age to 1-20 commit or assist in the commission of the offense, the punishment 1-21 is increased by one degree, unless the defendant used or threatened 1-22 to use force against the child or another to gain the child's 1-23 assistance, in which event the punishment for the offense is a 1-24 felony of the first degree. 1-25 (b) Notwithstanding Article 42.08, Code of Criminal 1-26 Procedure, if punishment for a defendant is increased under this 1-27 section, the court may not order the sentence for the offense to 1-28 run concurrently with any other sentence the court imposes on the 1-29 defendant. 1-30 SECTION 2. Section 3g(a), Article 42.12, Code of Criminal 1-31 Procedure, is amended to read as follows: 1-32 (a) The provisions of Section 3 of this article do not 1-33 apply: 1-34 (1) to a defendant adjudged guilty of an offense 1-35 under: 1-36 (A) Section 19.02, Penal Code (Murder); 1-37 (B) Section 19.03, Penal Code (Capital murder); 1-38 (C) Section 21.11(a)(1), Penal Code (Indecency 1-39 with a child); 1-40 (D) Section 20.04, Penal Code (Aggravated 1-41 kidnapping); 1-42 (E) Section 22.021, Penal Code (Aggravated 1-43 sexual assault); 1-44 (F) Section 29.03, Penal Code (Aggravated 1-45 robbery); 1-46 (G) Chapter 481, Health and Safety Code, for 1-47 which punishment is increased under: 1-48 (i) Section 481.140, Health and Safety 1-49 Code; or 1-50 (ii) Section 481.134(c), (d), (e), or (f), 1-51 Health and Safety Code, if it is shown that the defendant has been 1-52 previously convicted of an offense for which punishment was 1-53 increased under any of those subsections; or 1-54 (H) Section 22.011, Penal Code (Sexual assault); 1-55 or 1-56 (2) to a defendant when it is shown that a deadly 1-57 weapon as defined in Section 1.07, Penal Code, was used or 1-58 exhibited during the commission of a felony offense or during 1-59 immediate flight therefrom, and that the defendant used or 1-60 exhibited the deadly weapon or was a party to the offense and knew 1-61 that a deadly weapon would be used or exhibited. On an affirmative 1-62 finding under this subdivision, the trial court shall enter the 1-63 finding in the judgment of the court. On an affirmative finding 1-64 that the deadly weapon was a firearm, the court shall enter that 2-1 finding in its judgment. 2-2 SECTION 3. Section 508.149(a), Government Code, is amended 2-3 to read as follows: 2-4 (a) An inmate may not be released to mandatory supervision 2-5 if the inmate is serving a sentence for or has been previously 2-6 convicted of: 2-7 (1) an offense for which the judgment contains an 2-8 affirmative finding under Section 3g(a)(2), Article 42.12, Code of 2-9 Criminal Procedure; 2-10 (2) a first degree felony or a second degree felony 2-11 under Section 19.02, Penal Code; 2-12 (3) a capital felony under Section 19.03, Penal Code; 2-13 (4) a first degree felony or a second degree felony 2-14 under Section 20.04, Penal Code; 2-15 (5) a second degree felony or a third degree felony 2-16 under Section 21.11, Penal Code; 2-17 (6) a second degree felony under Section 22.011, Penal 2-18 Code; 2-19 (7) a first degree felony or a second degree felony 2-20 under Section 22.02, Penal Code; 2-21 (8) a first degree felony under Section 22.021, Penal 2-22 Code; 2-23 (9) a first degree felony under Section 22.04, Penal 2-24 Code; 2-25 (10) a first degree felony under Section 28.02, Penal 2-26 Code; 2-27 (11) a second degree felony under Section 29.02, Penal 2-28 Code; 2-29 (12) a first degree felony under Section 29.03, Penal 2-30 Code; 2-31 (13) a first degree felony under Section 30.02, Penal 2-32 Code; or 2-33 (14) a felony for which the punishment is increased 2-34 under Section 481.134 or Section 481.140, Health and Safety Code. 2-35 SECTION 4. (a) The change in law made by this Act applies 2-36 only to a person convicted of an offense committed on or after the 2-37 effective date of this Act. For purposes of this section, an 2-38 offense is committed before the effective date of this Act if any 2-39 element of the offense occurs before the effective date. 2-40 (b) A person convicted of an offense committed before the 2-41 effective date of this Act is covered by the law in effect when the 2-42 offense was committed, and the former law is continued in effect 2-43 for that purpose. 2-44 SECTION 5. This Act takes effect immediately if it receives 2-45 a vote of two-thirds of all the members elected to each house, as 2-46 provided by Section 39, Article III, Texas Constitution. If this 2-47 Act does not receive the vote necessary for immediate effect, this 2-48 Act takes effect September 1, 2001. 2-49 * * * * *