| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the eligibility of certain inmates convicted of injury |
|
|
to a child for release to mandatory supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 508.149(a), Government Code, as amended |
|
|
by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the 82nd |
|
|
Legislature, Regular Session, 2011, is reenacted and 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; |
|
|
(9-a) a second degree felony or a third degree felony |
|
|
under Section 22.04, Penal Code, if the victim of the offense is a |
|
|
child; |
|
|
(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; |
|
|
(16) an offense under Section 21.02, Penal Code; |
|
|
(17) a first degree felony under Section 15.03, Penal |
|
|
Code; |
|
|
(18) an offense under Section 43.05, Penal Code; [or] |
|
|
(19) an offense under Section 20A.02, Penal Code; or |
|
|
(20) [(18)] an offense under Section 20A.03, Penal |
|
|
Code. |
|
|
SECTION 2. 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 |
|
|
governed by the law in effect on the date 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 occurred |
|
|
before that date. |
|
|
SECTION 3. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 83rd Legislature, Regular Session, 2013, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 4. This Act takes effect September 1, 2013. |