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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment of certain repeat sex offenders for |
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offenses committed against a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4(b), Article 37.07, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) In the penalty phase of the trial of a felony case in |
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which the punishment is to be assessed by the jury rather than the |
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court, if the offense is punishable as a felony of the first degree, |
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if a prior conviction has been alleged for enhancement of |
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punishment as provided by Section 12.42(b), (c)(1) or (2), or (d), |
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Penal Code, or if the offense is a felony not designated as a |
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capital felony or a felony of the first, second, or third degree and |
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the maximum term of imprisonment that may be imposed for the offense |
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is longer than 60 years, unless the offense of which the jury has |
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found the defendant guilty is listed in Section 3g(a)(1), Article |
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42.12, of this code or the judgment contains an affirmative finding |
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under Section 3g(a)(2), Article 42.12, of this code, the court |
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shall charge the jury in writing as follows: |
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"Under the law applicable in this case, the defendant, if |
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sentenced to a term of imprisonment, may earn time off the period of |
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incarceration imposed through the award of good conduct time. |
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Prison authorities may award good conduct time to a prisoner who |
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exhibits good behavior, diligence in carrying out prison work |
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assignments, and attempts at rehabilitation. If a prisoner engages |
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in misconduct, prison authorities may also take away all or part of |
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any good conduct time earned by the prisoner. |
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"It is also possible that the length of time for which the |
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defendant will be imprisoned might be reduced by the award of |
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parole. |
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"Under the law applicable in this case, if the defendant is |
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sentenced to a term of imprisonment, he will not become eligible for |
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parole until the actual time served plus any good conduct time |
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earned equals one-fourth of the sentence imposed or 15 years, |
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whichever is less. Eligibility for parole does not guarantee that |
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parole will be granted. |
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"It cannot accurately be predicted how the parole law and |
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good conduct time might be applied to this defendant if he is |
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sentenced to a term of imprisonment, because the application of |
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these laws will depend on decisions made by prison and parole |
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authorities. |
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"You may consider the existence of the parole law and good |
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conduct time. However, you are not to consider the extent to which |
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good conduct time may be awarded to or forfeited by this particular |
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defendant. You are not to consider the manner in which the parole |
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law may be applied to this particular defendant." |
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SECTION 2. Section 12.42(c), Penal Code, is amended to read |
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as follows: |
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(c)(1) If [Except as provided by Subdivision (2), if] it is |
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shown on the trial of a first-degree felony that the defendant has |
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been once before convicted of a felony, on conviction he shall be |
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punished by imprisonment in the institutional division of the Texas |
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Department of Criminal Justice for life, or for any term of not more |
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than 99 years or less than 15 years. In addition to imprisonment, |
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an individual may be punished by a fine not to exceed $10,000. |
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(2) Notwithstanding Subdivision (1), a [A] defendant |
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shall be punished by imprisonment in the institutional division for |
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life if: |
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(A) the defendant is convicted of an offense: |
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(i) under Section 22.021 or 22.011, Penal |
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Code; |
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(ii) under Section 20.04(a)(4), Penal Code, |
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if the defendant committed the offense with the intent to violate or |
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abuse the victim sexually; or |
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(iii) under Section 30.02, Penal Code, |
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punishable under Subsection (d) of that section, if the defendant |
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committed the offense with the intent to commit a felony described |
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by Subparagraph (i) or (ii) or a felony under Section 21.11 or |
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22.011, Penal Code; and |
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(B) the defendant has been previously convicted |
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of an offense: |
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(i) under Section 43.25 or 43.26, Penal |
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Code, or an offense under Section 43.23, Penal Code, punishable |
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under Subsection (h) of that section; |
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(ii) under Section 21.11, 22.011, 22.021, |
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or 25.02, Penal Code; |
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(iii) under Section 20.04(a)(4), Penal |
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Code, if the defendant committed the offense with the intent to |
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violate or abuse the victim sexually; |
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(iv) under Section 30.02, Penal Code, |
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punishable under Subsection (d) of that section, if the defendant |
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committed the offense with the intent to commit a felony described |
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by Subparagraph (ii) or (iii); or |
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(v) under the laws of another state |
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containing elements that are substantially similar to the elements |
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of an offense listed in Subparagraph (i), (ii), (iii), or (iv). |
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(3) Notwithstanding Subdivision (1) or (2), a |
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defendant shall be punished by imprisonment in the Texas Department |
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of Criminal Justice for life without parole if it is shown on the |
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trial of an offense under Section 22.021 or an offense under Section |
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22.011 that is punishable as a felony of the first degree that: |
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(A) the victim of the offense is younger than 14 |
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years of age at the time the offense is committed; and |
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(B) the defendant has previously been finally |
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convicted of: |
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(i) an offense under Section 22.011 or |
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22.021, the victim of which was younger than 14 years of age at the |
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time that offense was committed; or |
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(ii) an offense under the laws of another |
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state containing elements that are substantially similar to the |
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elements of an offense described by Subparagraph (i), the victim of |
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which was younger than 14 years of age at the time that offense was |
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committed. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is covered by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For the purposes of this subsection, an |
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offense was committed before September 1, 2007, if any element of |
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the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |