84R11599 ADM-F
 
  By: Taylor of Collin S.B. No. 1418
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to increasing the penalty for causing injury to a child;
  changing the eligibility for community supervision and parole.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3g(a), Article 42.12, Code of Criminal
  Procedure, is 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);
                     (I)  Section 22.04(a)(1) or (2) or (a-1)(1) or
  (2), 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;
                     (J)  Section 43.25, Penal Code (Sexual
  performance by a child);
                     (K)  Section 15.03, Penal Code, if the offense is
  punishable as a felony of the first degree;
                     (L)  Section 43.05, Penal Code (Compelling
  prostitution);
                     (M)  Section 20A.02, Penal Code (Trafficking of
  persons); or
                     (N)  Section 30.02, Penal Code (Burglary), if the
  offense is punishable under Subsection (d) of that section and the
  actor committed the offense with the intent to commit a felony under
  Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; 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 4(d), Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         (d)  A defendant is not eligible for community supervision
  under this section if the defendant:
               (1)  is sentenced to a term of imprisonment that
  exceeds 10 years;
               (2)  is convicted of a state jail felony for which
  suspension of the imposition of the sentence occurs automatically
  under Section 15(a);
               (3)  does not file a sworn motion under Subsection (e)
  of this section or for whom the jury does not enter in the verdict a
  finding that the information contained in the motion is true;
               (4)  is convicted of an offense for which punishment is
  increased under 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 one of those subsections;
               (5)  is convicted of an offense listed in:
                     (A)  Section 3g(a)(1)(C), (E), or (H), if the
  victim of the offense was younger than 14 years of age at the time
  the offense was committed; or
                     (B)  Section 3g(a)(I), if the victim of the
  offense was 14 years of age or younger at the time the offense was
  committed;
               (6)  is convicted of an offense listed in Section
  3g(a)(1)(D), if the victim of the offense was younger than 14 years
  of age at the time the offense was committed and the actor committed
  the offense with the intent to violate or abuse the victim sexually;
               (7)  is convicted of an offense listed in Section
  3g(a)(1)(J), (L), or (M); or
               (8)  is adjudged guilty of an offense under Section
  19.02, Penal Code.
         SECTION 3.  Section 508.145(a), Government Code, is amended
  to read as follows:
         (a)  An inmate under sentence of death, serving a sentence of
  life imprisonment without parole, serving a sentence for an offense
  under Section 21.02, Penal Code, [or] serving a sentence for an
  offense under Section 22.021, Penal Code, that is punishable under
  Subsection (f) of that section, or serving a sentence for an offense
  described by Section 3g(a)(1)(I) is not eligible for release on
  parole.
         SECTION 4.  Section 508.145(d)(1), Government Code, is
  amended to read as follows:
               (1)  An inmate serving a sentence for an offense
  described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H),
  [(I),] (J), (K), (L), (M), or (N), Article 42.12, Code of Criminal
  Procedure, an offense for which the judgment contains an
  affirmative finding under Section 3g(a)(2) of that article, an
  offense under Section 20A.03, Penal Code, or an offense under
  Section 71.02 or 71.023, Penal Code, 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 5.  Section 22.04, Penal Code, is amended by
  amending Subsection (e) and adding Subsection (e-1) to read as
  follows:
         (e)  Except as provided by Subsection (e-1), an [An] offense
  under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the
  first degree if [when] the conduct was [is] committed intentionally
  or knowingly.  If [When] the conduct was [is] engaged in
  recklessly, the offense is a felony of the second degree.
         (e-1)  An offense under Subsection (a)(1) or (2) or (a-1)(1)
  or (2) is a felony of the first degree, punishable by imprisonment
  in the Texas Department of Criminal Justice for any term of not more
  than 99 years or less than 10 years, if:
               (1)  the conduct was committed intentionally or
  knowingly; and
               (2)  the victim of the offense was a child at the time
  of the offense.
         SECTION 6.  The changes in law made by this Act apply 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 7.  This Act takes effect September 1, 2015.