Texas 2009 - 81st Regular

Texas Senate Bill SB1832 Compare Versions

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1	1	S.B. No. 1832
2	2
3	3
4	4	AN ACT
5	5	relating to the eligibility for judge-ordered community
6	6	supervision or for release on parole or to mandatory supervision of
7	7	a defendant convicted of criminal solicitation of capital murder.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (a), Section 3g, Article 42.12, Code
10	10	of Criminal Procedure, as amended by Chapters 405 (S.B. 877) and 593
11	11	(H.B. 8), Acts of the 80th Legislature, Regular Session, 2007, is
12	12	reenacted and amended to read as follows:
13	13	(a) The provisions of Section 3 of this article do not
14	14	apply:
15	15	(1) to a defendant adjudged guilty of an offense
16	16	under:
17	17	(A) Section 19.02, Penal Code (Murder);
18	18	(B) Section 19.03, Penal Code (Capital murder);
19	19	(C) Section 21.11(a)(1), Penal Code (Indecency
20	20	with a child);
21	21	(D) Section 20.04, Penal Code (Aggravated
22	22	kidnapping);
23	23	(E) Section 22.021, Penal Code (Aggravated
24	24	sexual assault);
25	25	(F) Section 29.03, Penal Code (Aggravated
26	26	robbery);
27	27	(G) Chapter 481, Health and Safety Code, for
28	28	which punishment is increased under:
29	29	(i) Section 481.140, Health and Safety
30	30	Code; or
31	31	(ii) Section 481.134(c), (d), (e), or (f),
32	32	Health and Safety Code, if it is shown that the defendant has been
33	33	previously convicted of an offense for which punishment was
34	34	increased under any of those subsections;
35	35	(H) Section 22.011, Penal Code (Sexual assault);
36	36	[or]
37	37	(I) Section 22.04(a)(1), Penal Code (Injury to a
38	38	child, elderly individual, or disabled individual), if the offense
39	39	is punishable as a felony of the first degree and the victim of the
40	40	offense is a child; [or]
41	41	(J) [(I)] Section 43.25, Penal Code (Sexual
42	42	performance by a child); or
43	43	(K) Section 15.03, Penal Code, if the offense is
44	44	punishable as a felony of the first degree; or
45	45	(2) to a defendant when it is shown that a deadly
46	46	weapon as defined in Section 1.07, Penal Code, was used or exhibited
47	47	during the commission of a felony offense or during immediate
48	48	flight therefrom, and that the defendant used or exhibited the
49	49	deadly weapon or was a party to the offense and knew that a deadly
50	50	weapon would be used or exhibited. On an affirmative finding under
51	51	this subdivision, the trial court shall enter the finding in the
52	52	judgment of the court. On an affirmative finding that the deadly
53	53	weapon was a firearm, the court shall enter that finding in its
54	54	judgment.
55	55	SECTION 2. Subsection (d), Section 508.145, Government
56	56	Code, is amended to read as follows:
57	57	(d) An inmate serving a sentence for an offense described by
58	58	Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), (J), or
59	59	(K), Article 42.12, Code of Criminal Procedure, or for an offense
60	60	for which the judgment contains an affirmative finding under
61	61	Section 3g(a)(2) of that article, is not eligible for release on
62	62	parole until the inmate's actual calendar time served, without
63	63	consideration of good conduct time, equals one-half of the sentence
64	64	or 30 calendar years, whichever is less, but in no event is the
65	65	inmate eligible for release on parole in less than two calendar
66	66	years.
67	67	SECTION 3. Subsection (a), Section 508.149, Government
68	68	Code, is amended to read as follows:
69	69	(a) An inmate may not be released to mandatory supervision
70	70	if the inmate is serving a sentence for or has been previously
71	71	convicted of:
72	72	(1) an offense for which the judgment contains an
73	73	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
74	74	Criminal Procedure;
75	75	(2) a first degree felony or a second degree felony
76	76	under Section 19.02, Penal Code;
77	77	(3) a capital felony under Section 19.03, Penal Code;
78	78	(4) a first degree felony or a second degree felony
79	79	under Section 20.04, Penal Code;
80	80	(5) an offense under Section 21.11, Penal Code;
81	81	(6) a felony under Section 22.011, Penal Code;
82	82	(7) a first degree felony or a second degree felony
83	83	under Section 22.02, Penal Code;
84	84	(8) a first degree felony under Section 22.021, Penal
85	85	Code;
86	86	(9) a first degree felony under Section 22.04, Penal
87	87	Code;
88	88	(10) a first degree felony under Section 28.02, Penal
89	89	Code;
90	90	(11) a second degree felony under Section 29.02, Penal
91	91	Code;
92	92	(12) a first degree felony under Section 29.03, Penal
93	93	Code;
94	94	(13) a first degree felony under Section 30.02, Penal
95	95	Code;
96	96	(14) a felony for which the punishment is increased
97	97	under Section 481.134 or Section 481.140, Health and Safety Code;
98	98	(15) an offense under Section 43.25, Penal Code; [or]
99	99	(16) an offense under Section 21.02, Penal Code; or
100	100	(17) a first degree felony under Section 15.03, Penal
101	101	Code.
102	102	SECTION 4. The change in law made by this Act applies only
103	103	to an offense committed on or after the effective date of this Act.
104	104	An offense committed before the effective date of this Act is
105	105	covered by the law in effect when the offense was committed, and the
106	106	former law is continued in effect for that purpose. For purposes of
107	107	this section, an offense was committed before the effective date of
108	108	this Act if any element of the offense was committed before that
109	109	date.
110	110	SECTION 5. To the extent of any conflict, this Act prevails
111	111	over another Act of the 81st Legislature, Regular Session, 2009,
112	112	relating to nonsubstantive additions to and corrections in enacted
113	113	codes.
114	114	SECTION 6. This Act takes effect September 1, 2009.
115	115	______________________________ ______________________________
116	116	President of the Senate Speaker of the House
117	117	I hereby certify that S.B. No. 1832 passed the Senate on
118	118	April 20, 2009, by the following vote: Yeas 30, Nays 0.
119	119	______________________________
120	120	Secretary of the Senate
121	121	I hereby certify that S.B. No. 1832 passed the House on
122	122	May 12, 2009, by the following vote: Yeas 143, Nays 0, two
123	123	present not voting.
124	124	______________________________
125	125	Chief Clerk of the House
126	126	Approved:
127	127	______________________________
128	128	Date
129	129	______________________________
130	130	Governor