By: Riddle H.B. No. 718
Substitute the following for H.B. No. 718:
By: Kent C.S.H.B. No. 718
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of certain laws to certain sex
offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4(b), Article 37.07, Code of Criminal
Procedure, is amended to read as follows:
(b) In the penalty phase of the trial of a felony case in
which the punishment is to be assessed by the jury rather than the
court, if the offense is punishable as a felony of the first degree,
if a prior conviction has been alleged for enhancement of
punishment as provided by Section 12.42(b), (c)(1) [or (2)], or
(d), Penal Code, or if the offense is a felony not designated as a
capital felony or a felony of the first, second, or third degree and
the maximum term of imprisonment that may be imposed for the offense
is longer than 60 years, unless the offense of which the jury has
found the defendant guilty is an offense that is punishable under
Section 21.02(h), Penal Code, or is listed in Section 3g(a)(1),
Article 42.12, [of this code] or the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, [of this
code,] the court shall charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct
time. Prison authorities may award good conduct time to a prisoner
who exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner
engages in misconduct, prison authorities may also take away all or
part of any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served plus any good conduct time
earned equals one-fourth of the sentence imposed or 15 years,
whichever is less. Eligibility for parole does not guarantee that
parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if he is
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
SECTION 2. Section 3g(a), Article 42.12, Code of Criminal
Procedure, as amended by Chapters 405 (S.B. 877) and 593 (H.B. 8),
Acts of the 80th Legislature, Regular Session, 2007, is reenacted
and 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);
[or]
(I) Section 22.04(a)(1), 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; or
(J) [(I)] Section 43.25, Penal Code (Sexual
performance by a child); 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 3. Section 4(d), Article 42.12, Code of Criminal
Procedure, as amended by Chapters 593 (H.B. 8) and 1205 (H.B. 1678),
Acts of the 80th Legislature, Regular Session, 2007, is reenacted
and 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 Section
3g(a)(1)(E) [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;
(6) is convicted of an offense listed in Section
3g(a)(1)(D), if the victim of the offense was younger than 17 [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; [or]
(7) is convicted of an offense listed in Section
3g(a)(1)(C) or (J), other than a conviction for which the judgment
in the case contains an affirmative finding under Article 42.017;
or
(8) [3g(a)(1)(I)] is adjudged guilty of an offense
under Section 19.02, Penal Code.
SECTION 4. Section 508.046, Government Code, is amended to
read as follows:
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
parole an inmate who was convicted of an offense under Section
[21.02,] 21.11(a)(1)[,] or 22.021, Penal Code, and is not
ineligible for release on parole or an inmate who is required under
Section 508.145(c) to serve 35 calendar years before becoming
eligible for release on parole, all members of the board must vote
on the release on parole of the inmate, and at least two-thirds of
the members must vote in favor of the release on parole. A member
of the board may not vote on the release unless the member first
receives a copy of a written report from the department on the
probability that the inmate would commit an offense after being
released on parole.
SECTION 5. Section 508.187(a), Government Code, is amended
to read as follows:
(a) This section applies only to a releasee serving a
sentence for an offense under:
(1) Section 43.25 or 43.26, Penal Code;
(2) Section [21.02,] 21.11, 22.011, 22.021, or 25.02,
Penal Code;
(3) Section 20.04(a)(4), Penal Code, if the releasee
committed the offense with the intent to violate or abuse the victim
sexually; or
(4) Section 30.02, Penal Code, punishable under
Subsection (d) of that section, if the releasee committed the
offense with the intent to commit a felony listed in Subdivision (2)
or (3).
SECTION 6. Section 508.189(a), Government Code, is amended
to read as follows:
(a) A parole panel shall require as a condition of parole or
mandatory supervision that a releasee convicted of an offense under
Section [21.02,] 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or
43.26, Penal Code, pay to the division a parole supervision fee of
$5 each month during the period of parole supervision.
SECTION 7. Section 38.05(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a felony of the third
degree if the person who is harbored, concealed, provided with a
means of avoiding arrest or effecting escape, or warned of
discovery or apprehension is under arrest for, charged with, or
convicted of a felony, including an offense under Article [Section]
62.102, Code of Criminal Procedure, or is in custody or detention
for, is alleged in a petition to have engaged in, or has been
adjudicated as having engaged in delinquent conduct that violates a
penal law of the grade of felony, including an offense under Article
[Section] 62.102, Code of Criminal Procedure, and the person
charged under this section knew that the person they harbored,
concealed, provided with a means of avoiding arrest or effecting
escape, or warned of discovery or apprehension is under arrest for,
charged with, or convicted of a felony, or is in custody or
detention for, is alleged in a petition to have engaged in, or has
been adjudicated as having engaged in delinquent conduct that
violates a penal law of the grade of felony.
SECTION 8. Section 508.117(g)(2-a), Government Code, is
repealed.
SECTION 9. To the extent of any conflict, this Act prevails
over another Act of the 81st Legislature, Regular Session, 2009,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 10. The change in law made by this Act in reenacting
and amending Section 4(d), Article 42.12, Code of Criminal
Procedure, 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 covered by the law in effect when 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 11. This Act takes effect September 1, 2009.