82R797 GCB-D
By: Weber, Carter, et al. H.B. No. 1121
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of certain offenses
involving trafficking of persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. OFFENSES INVOLVING TRAFFICKING OF PERSONS; ELIGIBILITY
FOR COMMUNITY SUPERVISION, PAROLE, OR MANDATORY SUPERVISION
SECTION 1.01. Chapter 20A, Penal Code, is amended by adding
Section 20A.04 to read as follows:
Sec. 20A.04. CONTINUOUS TRAFFICKING OF PERSONS. (a) A
person commits an offense if, during a period that is 30 or more
days in duration, the person engages two or more times in conduct
that constitutes an offense under Section 20A.02.
(b) If a jury is the trier of fact, members of the jury are
not required to agree unanimously on which specific conduct engaged
in by the defendant constituted an offense under Section 20A.02 or
on which exact date the defendant engaged in that conduct. The jury
must agree unanimously that the defendant, during a period that is
30 or more days in duration, engaged in conduct that constituted an
offense under Section 20A.02.
(c) If the victim of an offense under Subsection (a) is the
same victim as a victim of an offense under Section 20A.02, a
defendant may not be convicted of the offense under Section 20A.02
in the same criminal action as the offense under Subsection (a),
unless the offense under Section 20A.02:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense
alleged under Subsection (a) was committed; or
(3) is considered by the trier of fact to be a lesser
included offense of the offense alleged under Subsection (a).
(d) A defendant may not be charged with more than one count
under Subsection (a) if all of the conduct that constitutes an
offense under Section 20A.02 is alleged to have been committed
against the same victim.
(e) An offense under this section is a felony of the first
degree, punishable by imprisonment in the Texas Department of
Criminal Justice for life or for any term of not more than 99 years
or less than 25 years.
SECTION 1.02. Section 3g(a), Article 42.12, Code of
Criminal Procedure, is 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);
(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;
(J) Section 43.25, Penal Code (Sexual
performance by a child); [or]
(K) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree; or
(L) Section 20A.02, Penal Code (Trafficking of
persons); 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 1.03. Section 4(d), Article 42.12, Code of Criminal
Procedure, is 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)(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 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;
(7) is convicted of an offense listed in Section
3g(a)(1)(J) or (L); or
(8) is adjudged guilty of an offense under Section
19.02, Penal Code.
SECTION 1.04. Section 5(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) In all other cases the judge may grant deferred
adjudication unless:
(1) the defendant is charged with an offense:
(A) under Sections 49.04-49.08, Penal Code; or
(B) for which punishment may be 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;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
victim, or a felony described by Section 13B(b) of this article; and
(B) has previously been placed on community
supervision for any offense under Paragraph (A) of this
subdivision; or
(3) the defendant is charged with an offense under:
(A) Section 20A.02, 20A.04, or 21.02, Penal Code;
or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3), Penal Code.
SECTION 1.05. Section 508.145(a), Government Code, is
amended to read as follows:
(a) An inmate is not eligible for release on parole if the
inmate is:
(1) under sentence of death;
(2) [,] serving a sentence of life imprisonment
without parole;
(3) [,] serving a sentence for an offense under
Section 20A.04 or 21.02, Penal Code; [,] or
(4) serving a sentence for an offense under Section
22.021, Penal Code, that is punishable under Subsection (f) of that
section [is not eligible for release on parole].
SECTION 1.06. 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;
(16) an offense under Section 21.02, Penal Code; [or]
(17) a first degree felony under Section 15.03, Penal
Code; or
(18) an offense under Section 20A.02 or 20A.04, Penal
Code.
ARTICLE 2. ADDITIONAL CIVIL AND CRIMINAL CONSEQUENCES OF
TRAFFICKING
SECTION 2.01. Section 33.013(b), Civil Practice and
Remedies Code, is amended to read as follows:
(b) Notwithstanding Subsection (a), each liable defendant
is, in addition to his liability under Subsection (a), jointly and
severally liable for the damages recoverable by the claimant under
Section 33.012 with respect to a cause of action if:
(1) the percentage of responsibility attributed to the
defendant with respect to a cause of action is greater than 50
percent; or
(2) the defendant, with the specific intent to do harm
to others, acted in concert with another person to engage in the
conduct described in the following provisions of the Penal Code and
in so doing proximately caused the damages legally recoverable by
the claimant:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 20.04 (aggravated kidnapping);
(D) Section 22.02 (aggravated assault);
(E) Section 22.011 (sexual assault);
(F) Section 22.021 (aggravated sexual assault);
(G) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(H) Section 32.21 (forgery);
(I) Section 32.43 (commercial bribery);
(J) Section 32.45 (misapplication of fiduciary
property or property of financial institution);
(K) Section 32.46 (securing execution of
document by deception);
(L) Section 32.47 (fraudulent destruction,
removal, or concealment of writing);
(M) conduct described in Chapter 31 the
punishment level for which is a felony of the third degree or
higher; [or]
(N) Section 21.02 (continuous sexual abuse of
young child or children);
(O) Section 20A.02 (trafficking of persons); or
(P) Section 20A.04 (continuous trafficking of
persons).
SECTION 2.02. Section 125.0015(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
controlled substance in violation of Chapter 481, Health and Safety
Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code; [or]
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code;
(19) trafficking of persons as described by Section
20A.02, Penal Code; or
(20) continuous trafficking of persons as described by
Section 20A.04, Penal Code.
SECTION 2.03. Article 17.03(b), Code of Criminal Procedure,
is amended to read as follows:
(b) Only the court before whom the case is pending may
release on personal bond a defendant who:
(1) is charged with an offense under the following
sections of the Penal Code:
(A) Section 19.03 (Capital Murder);
(B) Section 20.04 (Aggravated Kidnapping);
(C) Section 22.021 (Aggravated Sexual Assault);
(D) Section 22.03 (Deadly Assault on Law
Enforcement or Corrections Officer, Member or Employee of Board of
Pardons and Paroles, or Court Participant);
(E) Section 22.04 (Injury to a Child, Elderly
Individual, or Disabled Individual);
(F) Section 29.03 (Aggravated Robbery);
(G) Section 30.02 (Burglary);
(H) Section 71.02 (Engaging in Organized
Criminal Activity); [or]
(I) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children);
(J) Section 20A.02 (Trafficking of Persons); or
(K) Section 20A.04 (Continuous Trafficking of
Persons);
(2) is charged with a felony under Chapter 481, Health
and Safety Code, or Section 485.033, Health and Safety Code,
punishable by imprisonment for a minimum term or by a maximum fine
that is more than a minimum term or maximum fine for a first degree
felony; or
(3) does not submit to testing for the presence of a
controlled substance in the defendant's body as requested by the
court or magistrate under Subsection (c) of this article or submits
to testing and the test shows evidence of the presence of a
controlled substance in the defendant's body.
SECTION 2.04. Article 17.032(a), Code of Criminal
Procedure, is amended to read as follows:
(a) In this article, "violent offense" means an offense
under the following sections of the Penal Code:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital murder);
(3) Section 20.03 (kidnapping);
(4) Section 20.04 (aggravated kidnapping);
(5) Section 21.11 (indecency with a child);
(6) Section 22.01(a)(1) (assault);
(7) Section 22.011 (sexual assault);
(8) Section 22.02 (aggravated assault);
(9) Section 22.021 (aggravated sexual assault);
(10) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(11) Section 29.03 (aggravated robbery); [or]
(12) Section 21.02 (continuous sexual abuse of young
child or children);
(13) Section 20A.02 (trafficking of persons); or
(14) Section 20A.04 (continuous trafficking of
persons).
SECTION 2.05. Article 17.091, Code of Criminal Procedure,
is amended to read as follows:
Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
Before a judge or magistrate reduces the amount of bail set for a
defendant charged with an offense listed in Section 3g, Article
42.12, [or] an offense described by Article 62.001(5), or an
offense under Section 20A.04, Penal Code, the judge or magistrate
shall provide:
(1) to the attorney representing the state, reasonable
notice of the proposed bail reduction; and
(2) on request of the attorney representing the state
or the defendant or the defendant's counsel, an opportunity for a
hearing concerning the proposed bail reduction.
SECTION 2.06. Section 1, Article 38.071, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. This article applies only to a hearing or proceeding
in which the court determines that a child younger than 13 years of
age would be unavailable to testify in the presence of the defendant
about an offense defined by any of the following sections of the
Penal Code:
(1) Section 19.02 (Murder);
(2) Section 19.03 (Capital Murder);
(3) Section 19.04 (Manslaughter);
(4) Section 20.04 (Aggravated Kidnapping);
(5) Section 21.11 (Indecency with a Child);
(6) Section 22.011 (Sexual Assault);
(7) Section 22.02 (Aggravated Assault);
(8) Section 22.021 (Aggravated Sexual Assault);
(9) Section 22.04(e) (Injury to a Child, Elderly
Individual, or Disabled Individual);
(10) Section 22.04(f) (Injury to a Child, Elderly
Individual, or Disabled Individual), if the conduct is committed
intentionally or knowingly;
(11) Section 25.02 (Prohibited Sexual Conduct);
(12) Section 29.03 (Aggravated Robbery);
(13) Section 43.25 (Sexual Performance by a Child);
[or]
(14) Section 21.02 (Continuous Sexual Abuse of Young
Child or Children);
(15) Section 20A.02 (Trafficking of Persons); or
(16) Section 20A.04 (Continuous Trafficking of
Persons).
SECTION 2.07. Section 23.101(a), Government Code, is
amended to read as follows:
(a) The trial courts of this state shall regularly and
frequently set hearings and trials of pending matters, giving
preference to hearings and trials of the following:
(1) temporary injunctions;
(2) criminal actions, with the following actions given
preference over other criminal actions:
(A) criminal actions against defendants who are
detained in jail pending trial;
(B) criminal actions involving a charge that a
person committed an act of family violence, as defined by Section
71.004, Family Code;
(C) an offense under:
(i) Section 21.02 or 21.11, Penal Code;
(ii) Chapter 22, Penal Code, if the victim
of the alleged offense is younger than 17 years of age;
(iii) Section 25.02, Penal Code, if the
victim of the alleged offense is younger than 17 years of age;
(iv) Section 25.06, Penal Code; [or]
(v) Section 43.25, Penal Code; or
(vi) Section 20A.02 or 20A.04, Penal Code;
and
(D) an offense described by Article 62.001(6)(C)
or (D), Code of Criminal Procedure;
(3) election contests and suits under the Election
Code;
(4) orders for the protection of the family under
Subtitle B, Title 4, Family Code;
(5) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims and claims under
the Federal Employers' Liability Act and the Jones Act;
(6) appeals of final orders of the commissioner of the
General Land Office under Section 51.3021, Natural Resources Code;
(7) actions in which the claimant has been diagnosed
with malignant mesothelioma, other malignant asbestos-related
cancer, malignant silica-related cancer, or acute silicosis; and
(8) appeals brought under Section 42.01 or 42.015, Tax
Code, of orders of appraisal review boards of appraisal districts
established for counties with a population of less than 175,000.
SECTION 2.08. Section 411.1471(a), Government Code, is
amended to read as follows:
(a) This section applies to a defendant who is:
(1) indicted or waives indictment for a felony
prohibited or punishable under any of the following Penal Code
sections:
(A) Section 20.04(a)(4);
(B) Section 21.11;
(C) Section 22.011;
(D) Section 22.021;
(E) Section 25.02;
(F) Section 30.02(d);
(G) Section 43.05;
(H) Section 43.25;
(I) Section 43.26; [or]
(J) Section 21.02;
(K) Section 20A.02; or
(L) Section 20A.04;
(2) arrested for a felony described by Subdivision (1)
after having been previously convicted of or placed on deferred
adjudication for an offense described by Subdivision (1) or an
offense punishable under Section 30.02(c)(2), Penal Code; or
(3) convicted of an offense under Section 21.07 or
21.08, Penal Code.
SECTION 2.09. Section 12.35(c), Penal Code, is amended to
read as follows:
(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) under Section 20A.04 or 21.02 or listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure.
SECTION 2.10. Section 12.42(c)(2), Penal Code, is amended
to read as follows:
(2) Notwithstanding Subdivision (1), a defendant
shall be punished by imprisonment in the Texas Department of
Criminal Justice for life if:
(A) the defendant is convicted of an offense:
(i) under Section 20A.04, 21.11(a)(1),
22.021, or 22.011, Penal Code;
(ii) under Section 20.04(a)(4), Penal Code,
if the defendant committed the offense with the intent to violate or
abuse the victim sexually; or
(iii) under Section 30.02, Penal Code,
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (i) or (ii) or a felony under Section 21.11, Penal
Code; and
(B) the defendant has been previously convicted
of an offense:
(i) under Section 43.25 or 43.26, Penal
Code, or an offense under Section 43.23, Penal Code, punishable
under Subsection (h) of that section;
(ii) under Section 20A.04, 21.02, 21.11,
22.011, 22.021, or 25.02, Penal Code;
(iii) under Section 20.04(a)(4), Penal
Code, if the defendant committed the offense with the intent to
violate or abuse the victim sexually;
(iv) under Section 30.02, Penal Code,
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (ii) or (iii); or
(v) under the laws of another state
containing elements that are substantially similar to the elements
of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
ARTICLE 3. CONFORMING AMENDMENTS
SECTION 3.01. Sections 4(a) and (b), Article 37.07, Code of
Criminal Procedure, are amended to read as follows:
(a) 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 of which the jury has found the defendant
guilty is listed in Section 3g(a)(1), Article 42.12, of this code or
if the judgment contains an affirmative finding under Section
3g(a)(2), Article 42.12, of this code, unless the defendant has
been convicted of an offense under Section 20A.04 or 21.02, Penal
Code, an offense under Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section, or a capital
felony, 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 equals one-half of the sentence
imposed or 30 years, whichever is less, without consideration of
any good conduct time he may earn. If the defendant is sentenced to
a term of less than four years, he must serve at least two years
before he is eligible for parole. 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."
(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 under Section 20A.04,
Penal Code, or 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 3.02. 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 20A.02 (trafficking of persons); or
(AA) Section 20A.04 (continuous trafficking of
persons); 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 3.03. Section 508.151(a), Government Code, is
amended to read as follows:
(a) For the purpose of diverting inmates to halfway houses
under Section 508.118, a parole panel, after reviewing all
available pertinent information, may designate a presumptive
parole date for an inmate who:
(1) has never been convicted of an offense listed
under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure,
or an offense under Section 20A.04 or 21.02, Penal Code; and
(2) has never had a conviction with a judgment that
contains an affirmative finding under Section 3g(a)(2), Article
42.12, Code of Criminal Procedure.
ARTICLE 4. TRANSITION; EFFECTIVE DATE
SECTION 4.01. 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
governed by the law in effect on the date 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 4.02. This Act takes effect September 1, 2011.