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