| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the eligibility for judge-ordered community |
|
|
supervision or for release on parole or to mandatory supervision of |
|
|
a defendant convicted of criminal solicitation of capital murder. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 3g(a), Article 42.12, Code of Criminal |
|
|
Procedure, as amended by Chapters 405 (S.B. 877) and 593 (H.B. 8), |
|
|
Acts of the 80th Legislature, Regular Session, 2007, is reenacted |
|
|
and amended to read as follows: |
|
|
(a) The provisions of Section 3 of this article do not |
|
|
apply: |
|
|
(1) to a defendant adjudged guilty of an offense |
|
|
under: |
|
|
(A) Section 19.02, Penal Code (Murder); |
|
|
(B) Section 19.03, Penal Code (Capital murder); |
|
|
(C) Section 21.11(a)(1), Penal Code (Indecency |
|
|
with a child); |
|
|
(D) Section 20.04, Penal Code (Aggravated |
|
|
kidnapping); |
|
|
(E) Section 22.021, Penal Code (Aggravated |
|
|
sexual assault); |
|
|
(F) Section 29.03, Penal Code (Aggravated |
|
|
robbery); |
|
|
(G) Chapter 481, Health and Safety Code, for |
|
|
which punishment is increased under: |
|
|
(i) Section 481.140, Health and Safety |
|
|
Code; or |
|
|
(ii) Section 481.134(c), (d), (e), or (f), |
|
|
Health and Safety Code, if it is shown that the defendant has been |
|
|
previously convicted of an offense for which punishment was |
|
|
increased under any of those subsections; |
|
|
(H) Section 22.011, Penal Code (Sexual assault); |
|
|
[or] |
|
|
(I) Section 22.04(a)(1), Penal Code (Injury to a |
|
|
child, elderly individual, or disabled individual), if the offense |
|
|
is punishable as a felony of the first degree and the victim of the |
|
|
offense is a child; [or] |
|
|
(J) [(I)] Section 43.25, Penal Code (Sexual |
|
|
performance by a child); or |
|
|
(K) Section 15.03, Penal Code, if the offense is |
|
|
punishable as a felony of the first degree; or |
|
|
(2) to a defendant when it is shown that a deadly |
|
|
weapon as defined in Section 1.07, Penal Code, was used or exhibited |
|
|
during the commission of a felony offense or during immediate |
|
|
flight therefrom, and that the defendant used or exhibited the |
|
|
deadly weapon or was a party to the offense and knew that a deadly |
|
|
weapon would be used or exhibited. On an affirmative finding under |
|
|
this subdivision, the trial court shall enter the finding in the |
|
|
judgment of the court. On an affirmative finding that the deadly |
|
|
weapon was a firearm, the court shall enter that finding in its |
|
|
judgment. |
|
|
SECTION 2. Section 508.145(d), Government Code, is amended |
|
|
to read as follows: |
|
|
(d) An inmate serving a sentence for an offense described by |
|
|
Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), (J), or |
|
|
(K), Article 42.12, Code of Criminal Procedure, or for an offense |
|
|
for which the judgment contains an affirmative finding under |
|
|
Section 3g(a)(2) of that article, is not eligible for release on |
|
|
parole until the inmate's actual calendar time served, without |
|
|
consideration of good conduct time, equals one-half of the sentence |
|
|
or 30 calendar years, whichever is less, but in no event is the |
|
|
inmate eligible for release on parole in less than two calendar |
|
|
years. |
|
|
SECTION 3. Section 508.149(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) An inmate may not be released to mandatory supervision |
|
|
if the inmate is serving a sentence for or has been previously |
|
|
convicted of: |
|
|
(1) an offense for which the judgment contains an |
|
|
affirmative finding under Section 3g(a)(2), Article 42.12, Code of |
|
|
Criminal Procedure; |
|
|
(2) a first degree felony or a second degree felony |
|
|
under Section 19.02, Penal Code; |
|
|
(3) a capital felony under Section 19.03, Penal Code; |
|
|
(4) a first degree felony or a second degree felony |
|
|
under Section 20.04, Penal Code; |
|
|
(5) an offense under Section 21.11, Penal Code; |
|
|
(6) a felony under Section 22.011, Penal Code; |
|
|
(7) a first degree felony or a second degree felony |
|
|
under Section 22.02, Penal Code; |
|
|
(8) a first degree felony under Section 22.021, Penal |
|
|
Code; |
|
|
(9) a first degree felony under Section 22.04, Penal |
|
|
Code; |
|
|
(10) a first degree felony under Section 28.02, Penal |
|
|
Code; |
|
|
(11) a second degree felony under Section 29.02, Penal |
|
|
Code; |
|
|
(12) a first degree felony under Section 29.03, Penal |
|
|
Code; |
|
|
(13) a first degree felony under Section 30.02, Penal |
|
|
Code; |
|
|
(14) a felony for which the punishment is increased |
|
|
under Section 481.134 or Section 481.140, Health and Safety Code; |
|
|
(15) an offense under Section 43.25, Penal Code; [or] |
|
|
(16) an offense under Section 21.02, Penal Code; or |
|
|
(17) a first degree felony under Section 15.03, Penal |
|
|
Code. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
covered by the law in effect when the offense was committed, and the |
|
|
former law is continued in effect for that purpose. For purposes of |
|
|
this section, an offense was committed before the effective date of |
|
|
this Act if any element of the offense was committed before that |
|
|
date. |
|
|
SECTION 5. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 81st Legislature, Regular Session, 2009, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 6. This Act takes effect September 1, 2009. |