81R8391 KCR-F
By: Huffman S.B. No. 1825
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a defendant charged with certain sex
offenses for judge-ordered community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3(b), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(b) In a felony case the minimum period of community
supervision is the same as the minimum term of imprisonment
applicable to the offense and the maximum period of community
supervision is, subject to the extensions provided by Section 22:
(1) 10 years, for a felony other than a third degree
felony described by Subdivision (2); and
(2) five years, for the following third degree
felonies:
(A) a third degree felony under Title 7, Penal
Code[, other than an offense under Section 33.021(c), Penal Code];
and
(B) a third degree felony under Chapter 481,
Health and Safety Code.
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);
(K) Section 43.26, Penal Code (Possession or
promotion of child pornography); or
(L) Section 33.021, Penal Code (Online
solicitation of a minor); 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 499.027(b), Government Code, is amended
to read as follows:
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense for
which the judgment contains an affirmative finding under Section
3g(a)(2), Article 42.12, Code of Criminal Procedure;
(2) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense
listed in one of the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child or an
elderly individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is
punished as a first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of
prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or
display of harmful material to minor);
(T) Section 43.25 (sexual performance by a
child);
(U) Section 46.10 (deadly weapon in penal
institution);
(V) Section 15.01 (criminal attempt), if the
offense attempted is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the
offense that is the subject of the conspiracy is listed in this
subsection;
(X) Section 15.03 (criminal solicitation), if
the offense solicited is listed in this subsection; [or]
(Y) Section 21.02 (continuous sexual abuse of
young child or children);
(Z) Section 33.021 (online solicitation of a
minor); or
(AA) Section 43.26 (possession or promotion of
child pornography); or
(3) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense under
Chapter 481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum term
of imprisonment or the maximum fine for a first degree felony.
SECTION 4. Section 508.145(d), Government Code, is amended
to read as follows:
(d) An inmate serving a sentence for an offense described by
Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), (J),
(K), or (L), Article 42.12, Code of Criminal Procedure, or for an
offense for which the judgment contains an affirmative finding
under Section 3g(a)(2) of that article, 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 508.149(a), Government Code, is amended
to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure;
(2) a first degree felony or a second degree felony
under Section 19.02, Penal Code;
(3) a capital felony under Section 19.03, Penal Code;
(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
(5) an offense under Section 21.11, Penal Code;
(6) a felony under Section 22.011, Penal Code;
(7) a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(8) a first degree felony under Section 22.021, Penal
Code;
(9) a first degree felony under Section 22.04, Penal
Code;
(10) a first degree felony under Section 28.02, Penal
Code;
(11) a second degree felony under Section 29.02, Penal
Code;
(12) a first degree felony under Section 29.03, Penal
Code;
(13) a first degree felony under Section 30.02, Penal
Code;
(14) a felony for which the punishment is increased
under Section 481.134 or Section 481.140, Health and Safety Code;
(15) an offense under Section 43.25, Penal Code; [or]
(16) an offense under Section 21.02, Penal Code;
(17) an offense under Section 33.021, Penal Code; or
(18) an offense under Section 43.26, Penal Code.
SECTION 6. The change in law made by this Act 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 7. The change in law made by this Act in amending
Sections 499.027(b), 508.145(d), and 508.149, Government Code,
applies only to a person who is released on parole or to mandatory
supervision for an offense committed on or after the effective date
of this Act. A person who is released on parole or to mandatory
supervision for 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 that law is continued in effect for that purpose.
For purposes of this section, an offense is committed on or after
the effective date of this Act if any element of the offense occurs
on or after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2009.