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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain inmates convicted of injury |
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to a child for release to mandatory supervision and to |
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reconsideration of parole eligibility for those inmates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Emma's Law. |
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SECTION 2. Section 508.149(a), Government Code, as amended |
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by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the 82nd |
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Legislature, Regular Session, 2011, is reenacted and amended to |
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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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(9-a) a second degree felony or a third degree felony |
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under Section 22.04, Penal Code, if the victim of the offense is a |
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child; |
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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; |
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(16) an offense under Section 21.02, Penal Code; |
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(17) a first degree felony under Section 15.03, Penal |
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Code; |
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(18) an offense under Section 43.05, Penal Code; [or] |
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(19) an offense under Section 20A.02, Penal Code; or |
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(20) [(18)] an offense under Section 20A.03, Penal |
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Code. |
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SECTION 3. The change in law made by this Act in amending |
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Section 508.149(a), Government Code, applies only to the release to |
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mandatory supervision of an inmate serving a sentence for an |
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offense committed on or after the effective date of this Act. The |
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release of an inmate serving a sentence for an offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. Notwithstanding Section 3 of this Act, the |
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change in law made by this Act in amending Section 508.149(a), |
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Government Code, applies on or after the effective date of this Act |
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to the policy adopted by the Board of Pardons and Paroles under |
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Section 508.141(g), Government Code, concerning the time by which |
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the board must reconsider for release on parole an inmate serving a |
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sentence for an offense listed in Section 508.149(a), Government |
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Code, regardless of whether the inmate is serving a sentence for an |
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offense committed before, on, or after the effective date of this |
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Act. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 83rd Legislature, Regular Session, 2013, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. |
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This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |