Texas 2009 - 81st Regular

Texas House Bill HB493 Compare Versions

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1	1	81R12872 PEP-D
2	2	By: Zerwas H.B. No. 493
3	3	Substitute the following for H.B. No. 493:
4	4	By: Gallego C.S.H.B. No. 493
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the eligibility for judge-ordered community
10	10	supervision or for release on parole or to mandatory supervision of
11	11	a defendant convicted of criminal solicitation of capital murder.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 3g(a), Article 42.12, Code of Criminal
14	14	Procedure, as amended by Chapters 405 (S.B. 877) and 593 (H.B. 8),
15	15	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
16	16	and amended to read as follows:
17	17	(a) The provisions of Section 3 of this article do not
18	18	apply:
19	19	(1) to a defendant adjudged guilty of an offense
20	20	under:
21	21	(A) Section 19.02, Penal Code (Murder);
22	22	(B) Section 19.03, Penal Code (Capital murder);
23	23	(C) Section 21.11(a)(1), Penal Code (Indecency
24	24	with a child);
25	25	(D) Section 20.04, Penal Code (Aggravated
26	26	kidnapping);
27	27	(E) Section 22.021, Penal Code (Aggravated
28	28	sexual assault);
29	29	(F) Section 29.03, Penal Code (Aggravated
30	30	robbery);
31	31	(G) Chapter 481, Health and Safety Code, for
32	32	which punishment is increased under:
33	33	(i) Section 481.140, Health and Safety
34	34	Code; or
35	35	(ii) Section 481.134(c), (d), (e), or (f),
36	36	Health and Safety Code, if it is shown that the defendant has been
37	37	previously convicted of an offense for which punishment was
38	38	increased under any of those subsections;
39	39	(H) Section 22.011, Penal Code (Sexual assault);
40	40	[or]
41	41	(I) Section 22.04(a)(1), Penal Code (Injury to a
42	42	child, elderly individual, or disabled individual), if the offense
43	43	is punishable as a felony of the first degree and the victim of the
44	44	offense is a child; [or]
45	45	(J) [(I)] Section 43.25, Penal Code (Sexual
46	46	performance by a child); or
47	47	(K) Section 15.03, Penal Code, if the offense is
48	48	punishable as a felony of the first degree; or
49	49	(2) to a defendant when it is shown that a deadly
50	50	weapon as defined in Section 1.07, Penal Code, was used or exhibited
51	51	during the commission of a felony offense or during immediate
52	52	flight therefrom, and that the defendant used or exhibited the
53	53	deadly weapon or was a party to the offense and knew that a deadly
54	54	weapon would be used or exhibited. On an affirmative finding under
55	55	this subdivision, the trial court shall enter the finding in the
56	56	judgment of the court. On an affirmative finding that the deadly
57	57	weapon was a firearm, the court shall enter that finding in its
58	58	judgment.
59	59	SECTION 2. Section 508.145(d), Government Code, is amended
60	60	to read as follows:
61	61	(d) An inmate serving a sentence for an offense described by
62	62	Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), (J), or
63	63	(K), Article 42.12, Code of Criminal Procedure, or for an offense
64	64	for which the judgment contains an affirmative finding under
65	65	Section 3g(a)(2) of that article, is not eligible for release on
66	66	parole until the inmate's actual calendar time served, without
67	67	consideration of good conduct time, equals one-half of the sentence
68	68	or 30 calendar years, whichever is less, but in no event is the
69	69	inmate eligible for release on parole in less than two calendar
70	70	years.
71	71	SECTION 3. Section 508.149(a), Government Code, is amended
72	72	to read as follows:
73	73	(a) An inmate may not be released to mandatory supervision
74	74	if the inmate is serving a sentence for or has been previously
75	75	convicted of:
76	76	(1) an offense for which the judgment contains an
77	77	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
78	78	Criminal Procedure;
79	79	(2) a first degree felony or a second degree felony
80	80	under Section 19.02, Penal Code;
81	81	(3) a capital felony under Section 19.03, Penal Code;
82	82	(4) a first degree felony or a second degree felony
83	83	under Section 20.04, Penal Code;
84	84	(5) an offense under Section 21.11, Penal Code;
85	85	(6) a felony under Section 22.011, Penal Code;
86	86	(7) a first degree felony or a second degree felony
87	87	under Section 22.02, Penal Code;
88	88	(8) a first degree felony under Section 22.021, Penal
89	89	Code;
90	90	(9) a first degree felony under Section 22.04, Penal
91	91	Code;
92	92	(10) a first degree felony under Section 28.02, Penal
93	93	Code;
94	94	(11) a second degree felony under Section 29.02, Penal
95	95	Code;
96	96	(12) a first degree felony under Section 29.03, Penal
97	97	Code;
98	98	(13) a first degree felony under Section 30.02, Penal
99	99	Code;
100	100	(14) a felony for which the punishment is increased
101	101	under Section 481.134 or Section 481.140, Health and Safety Code;
102	102	(15) an offense under Section 43.25, Penal Code; [or]
103	103	(16) an offense under Section 21.02, Penal Code; or
104	104	(17) a first degree felony under Section 15.03, Penal
105	105	Code.
106	106	SECTION 4. The change in law made by this Act applies only
107	107	to an offense committed on or after the effective date of this Act.
108	108	An offense committed before the effective date of this Act is
109	109	covered by the law in effect when the offense was committed, and the
110	110	former law is continued in effect for that purpose. For purposes of
111	111	this section, an offense was committed before the effective date of
112	112	this Act if any element of the offense was committed before that
113	113	date.
114	114	SECTION 5. To the extent of any conflict, this Act prevails
115	115	over another Act of the 81st Legislature, Regular Session, 2009,
116	116	relating to nonsubstantive additions to and corrections in enacted
117	117	codes.
118	118	SECTION 6. This Act takes effect September 1, 2009.