Texas 2009 - 81st Regular

Texas House Bill HB718 Compare Versions

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1	1	By: Riddle H.B. No. 718
2	2	Substitute the following for H.B. No. 718:
3	3	By: Kent C.S.H.B. No. 718
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the applicability of certain laws to certain sex
9	9	offenders.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 4(b), Article 37.07, Code of Criminal
12	12	Procedure, is amended to read as follows:
13	13	(b) In the penalty phase of the trial of a felony case in
14	14	which the punishment is to be assessed by the jury rather than the
15	15	court, if the offense is punishable as a felony of the first degree,
16	16	if a prior conviction has been alleged for enhancement of
17	17	punishment as provided by Section 12.42(b), (c)(1) [or (2)], or
18	18	(d), Penal Code, or if the offense is a felony not designated as a
19	19	capital felony or a felony of the first, second, or third degree and
20	20	the maximum term of imprisonment that may be imposed for the offense
21	21	is longer than 60 years, unless the offense of which the jury has
22	22	found the defendant guilty is an offense that is punishable under
23	23	Section 21.02(h), Penal Code, or is listed in Section 3g(a)(1),
24	24	Article 42.12, [of this code] or the judgment contains an
25	25	affirmative finding under Section 3g(a)(2), Article 42.12, [of this
26	26	code,] the court shall charge the jury in writing as follows:
27	27	"Under the law applicable in this case, the defendant, if
28	28	sentenced to a term of imprisonment, may earn time off the period of
29	29	incarceration imposed through the award of good conduct
30	30	time. Prison authorities may award good conduct time to a prisoner
31	31	who exhibits good behavior, diligence in carrying out prison work
32	32	assignments, and attempts at rehabilitation. If a prisoner
33	33	engages in misconduct, prison authorities may also take away all or
34	34	part of any good conduct time earned by the prisoner.
35	35	"It is also possible that the length of time for which the
36	36	defendant will be imprisoned might be reduced by the award of
37	37	parole.
38	38	"Under the law applicable in this case, if the defendant is
39	39	sentenced to a term of imprisonment, he will not become eligible for
40	40	parole until the actual time served plus any good conduct time
41	41	earned equals one-fourth of the sentence imposed or 15 years,
42	42	whichever is less. Eligibility for parole does not guarantee that
43	43	parole will be granted.
44	44	"It cannot accurately be predicted how the parole law and
45	45	good conduct time might be applied to this defendant if he is
46	46	sentenced to a term of imprisonment, because the application of
47	47	these laws will depend on decisions made by prison and parole
48	48	authorities.
49	49	"You may consider the existence of the parole law and good
50	50	conduct time. However, you are not to consider the extent to which
51	51	good conduct time may be awarded to or forfeited by this particular
52	52	defendant. You are not to consider the manner in which the parole
53	53	law may be applied to this particular defendant."
54	54	SECTION 2. Section 3g(a), Article 42.12, Code of Criminal
55	55	Procedure, as amended by Chapters 405 (S.B. 877) and 593 (H.B. 8),
56	56	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
57	57	and amended to read as follows:
58	58	(a) The provisions of Section 3 of this article do not
59	59	apply:
60	60	(1) to a defendant adjudged guilty of an offense
61	61	under:
62	62	(A) Section 19.02, Penal Code (Murder);
63	63	(B) Section 19.03, Penal Code (Capital murder);
64	64	(C) Section 21.11(a)(1), Penal Code (Indecency
65	65	with a child);
66	66	(D) Section 20.04, Penal Code (Aggravated
67	67	kidnapping);
68	68	(E) Section 22.021, Penal Code (Aggravated
69	69	sexual assault);
70	70	(F) Section 29.03, Penal Code (Aggravated
71	71	robbery);
72	72	(G) Chapter 481, Health and Safety Code, for
73	73	which punishment is increased under:
74	74	(i) Section 481.140, Health and Safety
75	75	Code; or
76	76	(ii) Section 481.134(c), (d), (e), or (f),
77	77	Health and Safety Code, if it is shown that the defendant has been
78	78	previously convicted of an offense for which punishment was
79	79	increased under any of those subsections;
80	80	(H) Section 22.011, Penal Code (Sexual assault);
81	81	[or]
82	82	(I) Section 22.04(a)(1), Penal Code (Injury to a
83	83	child, elderly individual, or disabled individual), if the offense
84	84	is punishable as a felony of the first degree and the victim of the
85	85	offense is a child; or
86	86	(J) [(I)] Section 43.25, Penal Code (Sexual
87	87	performance by a child); or
88	88	(2) to a defendant when it is shown that a deadly
89	89	weapon as defined in Section 1.07, Penal Code, was used or exhibited
90	90	during the commission of a felony offense or during immediate
91	91	flight therefrom, and that the defendant used or exhibited the
92	92	deadly weapon or was a party to the offense and knew that a deadly
93	93	weapon would be used or exhibited. On an affirmative finding under
94	94	this subdivision, the trial court shall enter the finding in the
95	95	judgment of the court. On an affirmative finding that the deadly
96	96	weapon was a firearm, the court shall enter that finding in its
97	97	judgment.
98	98	SECTION 3. Section 4(d), Article 42.12, Code of Criminal
99	99	Procedure, as amended by Chapters 593 (H.B. 8) and 1205 (H.B. 1678),
100	100	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
101	101	and amended to read as follows:
102	102	(d) A defendant is not eligible for community supervision
103	103	under this section if the defendant:
104	104	(1) is sentenced to a term of imprisonment that
105	105	exceeds 10 years;
106	106	(2) is convicted of a state jail felony for which
107	107	suspension of the imposition of the sentence occurs automatically
108	108	under Section 15(a);
109	109	(3) does not file a sworn motion under Subsection (e)
110	110	of this section or for whom the jury does not enter in the verdict a
111	111	finding that the information contained in the motion is true;
112	112	(4) is convicted of an offense for which punishment is
113	113	increased under Section 481.134(c), (d), (e), or (f), Health and
114	114	Safety Code, if it is shown that the defendant has been previously
115	115	convicted of an offense for which punishment was increased under
116	116	any one of those subsections;
117	117	(5) is convicted of an offense listed in Section
118	118	3g(a)(1)(E) [3g(a)(1)(C), (E), or (H)], if the victim of the
119	119	offense was younger than 14 years of age at the time the offense was
120	120	committed;
121	121	(6) is convicted of an offense listed in Section
122	122	3g(a)(1)(D), if the victim of the offense was younger than 17 [14]
123	123	years of age at the time the offense was committed and the actor
124	124	committed the offense with the intent to violate or abuse the victim
125	125	sexually; [or]
126	126	(7) is convicted of an offense listed in Section
127	127	3g(a)(1)(C) or (J), other than a conviction for which the judgment
128	128	in the case contains an affirmative finding under Article 42.017;
129	129	or
130	130	(8) [3g(a)(1)(I)] is adjudged guilty of an offense
131	131	under Section 19.02, Penal Code.
132	132	SECTION 4. Section 508.046, Government Code, is amended to
133	133	read as follows:
134	134	Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
135	135	parole an inmate who was convicted of an offense under Section
136	136	[21.02,] 21.11(a)(1)[,] or 22.021, Penal Code, and is not
137	137	ineligible for release on parole or an inmate who is required under
138	138	Section 508.145(c) to serve 35 calendar years before becoming
139	139	eligible for release on parole, all members of the board must vote
140	140	on the release on parole of the inmate, and at least two-thirds of
141	141	the members must vote in favor of the release on parole. A member
142	142	of the board may not vote on the release unless the member first
143	143	receives a copy of a written report from the department on the
144	144	probability that the inmate would commit an offense after being
145	145	released on parole.
146	146	SECTION 5. Section 508.187(a), Government Code, is amended
147	147	to read as follows:
148	148	(a) This section applies only to a releasee serving a
149	149	sentence for an offense under:
150	150	(1) Section 43.25 or 43.26, Penal Code;
151	151	(2) Section [21.02,] 21.11, 22.011, 22.021, or 25.02,
152	152	Penal Code;
153	153	(3) Section 20.04(a)(4), Penal Code, if the releasee
154	154	committed the offense with the intent to violate or abuse the victim
155	155	sexually; or
156	156	(4) Section 30.02, Penal Code, punishable under
157	157	Subsection (d) of that section, if the releasee committed the
158	158	offense with the intent to commit a felony listed in Subdivision (2)
159	159	or (3).
160	160	SECTION 6. Section 508.189(a), Government Code, is amended
161	161	to read as follows:
162	162	(a) A parole panel shall require as a condition of parole or
163	163	mandatory supervision that a releasee convicted of an offense under
164	164	Section [21.02,] 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or
165	165	43.26, Penal Code, pay to the division a parole supervision fee of
166	166	$5 each month during the period of parole supervision.
167	167	SECTION 7. Section 38.05(d), Penal Code, is amended to read
168	168	as follows:
169	169	(d) An offense under this section is a felony of the third
170	170	degree if the person who is harbored, concealed, provided with a
171	171	means of avoiding arrest or effecting escape, or warned of
172	172	discovery or apprehension is under arrest for, charged with, or
173	173	convicted of a felony, including an offense under Article [Section]
174	174	62.102, Code of Criminal Procedure, or is in custody or detention
175	175	for, is alleged in a petition to have engaged in, or has been
176	176	adjudicated as having engaged in delinquent conduct that violates a
177	177	penal law of the grade of felony, including an offense under Article
178	178	[Section] 62.102, Code of Criminal Procedure, and the person
179	179	charged under this section knew that the person they harbored,
180	180	concealed, provided with a means of avoiding arrest or effecting
181	181	escape, or warned of discovery or apprehension is under arrest for,
182	182	charged with, or convicted of a felony, or is in custody or
183	183	detention for, is alleged in a petition to have engaged in, or has
184	184	been adjudicated as having engaged in delinquent conduct that
185	185	violates a penal law of the grade of felony.
186	186	SECTION 8. Section 508.117(g)(2-a), Government Code, is
187	187	repealed.
188	188	SECTION 9. To the extent of any conflict, this Act prevails
189	189	over another Act of the 81st Legislature, Regular Session, 2009,
190	190	relating to nonsubstantive additions to and corrections in enacted
191	191	codes.
192	192	SECTION 10. The change in law made by this Act in reenacting
193	193	and amending Section 4(d), Article 42.12, Code of Criminal
194	194	Procedure, applies only to an offense committed on or after the
195	195	effective date of this Act. An offense committed before the
196	196	effective date of this Act is covered by the law in effect when the
197	197	offense was committed, and the former law is continued in effect for
198	198	that purpose. For purposes of this section, an offense was
199	199	committed before the effective date of this Act if any element of
200	200	the offense occurred before that date.
201	201	SECTION 11. This Act takes effect September 1, 2009.