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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 of certain defendants |
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convicted of burglary with the intent to commit a sex offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3g(a), Article 42.12, Code of Criminal |
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Procedure, is 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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(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; |
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(J) Section 43.25, Penal Code (Sexual |
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performance by a child); |
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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; |
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(L) Section 43.05, Penal Code (Compelling |
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prostitution); [or] |
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(M) Section 20A.02, Penal Code (Trafficking of |
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persons); or |
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(N) Section 30.02, Penal Code (Burglary), if the |
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offense is punishable under Subsection (d) of that section and the |
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actor committed the offense with the intent to commit a felony under |
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Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; 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. Section 508.145(d)(1), Government Code, is |
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amended to read as follows: |
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(1) An inmate serving a sentence for an offense |
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described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), |
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(I), (J), [or] (K), or (N), Article 42.12, Code of Criminal |
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Procedure, or for an offense for which the judgment contains an |
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affirmative finding under Section 3g(a)(2) of that article, or for |
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an offense under Section 20A.03, Penal Code, is not eligible for |
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release on parole until the inmate's actual calendar time served, |
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without consideration of good conduct time, equals one-half of the |
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sentence or 30 calendar years, whichever is less, but in no event is |
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the inmate eligible for release on parole in less than two calendar |
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years. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |