Texas 2011 - 82nd Regular

Texas House Bill HB1121 Compare Versions

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1	1	82R797 GCB-D
2	2	By: Weber, Carter, et al. H.B. No. 1121
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution and punishment of certain offenses
8	8	involving trafficking of persons.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. OFFENSES INVOLVING TRAFFICKING OF PERSONS; ELIGIBILITY
11	11	FOR COMMUNITY SUPERVISION, PAROLE, OR MANDATORY SUPERVISION
12	12	SECTION 1.01. Chapter 20A, Penal Code, is amended by adding
13	13	Section 20A.04 to read as follows:
14	14	Sec. 20A.04. CONTINUOUS TRAFFICKING OF PERSONS. (a) A
15	15	person commits an offense if, during a period that is 30 or more
16	16	days in duration, the person engages two or more times in conduct
17	17	that constitutes an offense under Section 20A.02.
18	18	(b) If a jury is the trier of fact, members of the jury are
19	19	not required to agree unanimously on which specific conduct engaged
20	20	in by the defendant constituted an offense under Section 20A.02 or
21	21	on which exact date the defendant engaged in that conduct. The jury
22	22	must agree unanimously that the defendant, during a period that is
23	23	30 or more days in duration, engaged in conduct that constituted an
24	24	offense under Section 20A.02.
25	25	(c) If the victim of an offense under Subsection (a) is the
26	26	same victim as a victim of an offense under Section 20A.02, a
27	27	defendant may not be convicted of the offense under Section 20A.02
28	28	in the same criminal action as the offense under Subsection (a),
29	29	unless the offense under Section 20A.02:
30	30	(1) is charged in the alternative;
31	31	(2) occurred outside the period in which the offense
32	32	alleged under Subsection (a) was committed; or
33	33	(3) is considered by the trier of fact to be a lesser
34	34	included offense of the offense alleged under Subsection (a).
35	35	(d) A defendant may not be charged with more than one count
36	36	under Subsection (a) if all of the conduct that constitutes an
37	37	offense under Section 20A.02 is alleged to have been committed
38	38	against the same victim.
39	39	(e) An offense under this section is a felony of the first
40	40	degree, punishable by imprisonment in the Texas Department of
41	41	Criminal Justice for life or for any term of not more than 99 years
42	42	or less than 25 years.
43	43	SECTION 1.02. Section 3g(a), Article 42.12, Code of
44	44	Criminal Procedure, is amended to read as follows:
45	45	(a) The provisions of Section 3 of this article do not
46	46	apply:
47	47	(1) to a defendant adjudged guilty of an offense
48	48	under:
49	49	(A) Section 19.02, Penal Code (Murder);
50	50	(B) Section 19.03, Penal Code (Capital murder);
51	51	(C) Section 21.11(a)(1), Penal Code (Indecency
52	52	with a child);
53	53	(D) Section 20.04, Penal Code (Aggravated
54	54	kidnapping);
55	55	(E) Section 22.021, Penal Code (Aggravated
56	56	sexual assault);
57	57	(F) Section 29.03, Penal Code (Aggravated
58	58	robbery);
59	59	(G) Chapter 481, Health and Safety Code, for
60	60	which punishment is increased under:
61	61	(i) Section 481.140, Health and Safety
62	62	Code; or
63	63	(ii) Section 481.134(c), (d), (e), or (f),
64	64	Health and Safety Code, if it is shown that the defendant has been
65	65	previously convicted of an offense for which punishment was
66	66	increased under any of those subsections;
67	67	(H) Section 22.011, Penal Code (Sexual assault);
68	68	(I) Section 22.04(a)(1), Penal Code (Injury to a
69	69	child, elderly individual, or disabled individual), if the offense
70	70	is punishable as a felony of the first degree and the victim of the
71	71	offense is a child;
72	72	(J) Section 43.25, Penal Code (Sexual
73	73	performance by a child); [or]
74	74	(K) Section 15.03, Penal Code, if the offense is
75	75	punishable as a felony of the first degree; or
76	76	(L) Section 20A.02, Penal Code (Trafficking of
77	77	persons); or
78	78	(2) to a defendant when it is shown that a deadly
79	79	weapon as defined in Section 1.07, Penal Code, was used or exhibited
80	80	during the commission of a felony offense or during immediate
81	81	flight therefrom, and that the defendant used or exhibited the
82	82	deadly weapon or was a party to the offense and knew that a deadly
83	83	weapon would be used or exhibited. On an affirmative finding under
84	84	this subdivision, the trial court shall enter the finding in the
85	85	judgment of the court. On an affirmative finding that the deadly
86	86	weapon was a firearm, the court shall enter that finding in its
87	87	judgment.
88	88	SECTION 1.03. Section 4(d), Article 42.12, Code of Criminal
89	89	Procedure, is amended to read as follows:
90	90	(d) A defendant is not eligible for community supervision
91	91	under this section if the defendant:
92	92	(1) is sentenced to a term of imprisonment that
93	93	exceeds 10 years;
94	94	(2) is convicted of a state jail felony for which
95	95	suspension of the imposition of the sentence occurs automatically
96	96	under Section 15(a);
97	97	(3) does not file a sworn motion under Subsection (e)
98	98	of this section or for whom the jury does not enter in the verdict a
99	99	finding that the information contained in the motion is true;
100	100	(4) is convicted of an offense for which punishment is
101	101	increased under Section 481.134(c), (d), (e), or (f), Health and
102	102	Safety Code, if it is shown that the defendant has been previously
103	103	convicted of an offense for which punishment was increased under
104	104	any one of those subsections;
105	105	(5) is convicted of an offense listed in Section
106	106	3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
107	107	than 14 years of age at the time the offense was committed;
108	108	(6) is convicted of an offense listed in Section
109	109	3g(a)(1)(D), if the victim of the offense was younger than 14 years
110	110	of age at the time the offense was committed and the actor committed
111	111	the offense with the intent to violate or abuse the victim sexually;
112	112	(7) is convicted of an offense listed in Section
113	113	3g(a)(1)(J) or (L); or
114	114	(8) is adjudged guilty of an offense under Section
115	115	19.02, Penal Code.
116	116	SECTION 1.04. Section 5(d), Article 42.12, Code of Criminal
117	117	Procedure, is amended to read as follows:
118	118	(d) In all other cases the judge may grant deferred
119	119	adjudication unless:
120	120	(1) the defendant is charged with an offense:
121	121	(A) under Sections 49.04-49.08, Penal Code; or
122	122	(B) for which punishment may be increased under
123	123	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
124	124	is shown that the defendant has been previously convicted of an
125	125	offense for which punishment was increased under any one of those
126	126	subsections;
127	127	(2) the defendant:
128	128	(A) is charged with an offense under Section
129	129	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
130	130	victim, or a felony described by Section 13B(b) of this article; and
131	131	(B) has previously been placed on community
132	132	supervision for any offense under Paragraph (A) of this
133	133	subdivision; or
134	134	(3) the defendant is charged with an offense under:
135	135	(A) Section 20A.02, 20A.04, or 21.02, Penal Code;
136	136	or
137	137	(B) Section 22.021, Penal Code, that is
138	138	punishable under Subsection (f) of that section or under Section
139	139	12.42(c)(3), Penal Code.
140	140	SECTION 1.05. Section 508.145(a), Government Code, is
141	141	amended to read as follows:
142	142	(a) An inmate is not eligible for release on parole if the
143	143	inmate is:
144	144	(1) under sentence of death;
145	145	(2) [,] serving a sentence of life imprisonment
146	146	without parole;
147	147	(3) [,] serving a sentence for an offense under
148	148	Section 20A.04 or 21.02, Penal Code; [,] or
149	149	(4) serving a sentence for an offense under Section
150	150	22.021, Penal Code, that is punishable under Subsection (f) of that
151	151	section [is not eligible for release on parole].
152	152	SECTION 1.06. Section 508.149(a), Government Code, is
153	153	amended to read as follows:
154	154	(a) An inmate may not be released to mandatory supervision
155	155	if the inmate is serving a sentence for or has been previously
156	156	convicted of:
157	157	(1) an offense for which the judgment contains an
158	158	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
159	159	Criminal Procedure;
160	160	(2) a first degree felony or a second degree felony
161	161	under Section 19.02, Penal Code;
162	162	(3) a capital felony under Section 19.03, Penal Code;
163	163	(4) a first degree felony or a second degree felony
164	164	under Section 20.04, Penal Code;
165	165	(5) an offense under Section 21.11, Penal Code;
166	166	(6) a felony under Section 22.011, Penal Code;
167	167	(7) a first degree felony or a second degree felony
168	168	under Section 22.02, Penal Code;
169	169	(8) a first degree felony under Section 22.021, Penal
170	170	Code;
171	171	(9) a first degree felony under Section 22.04, Penal
172	172	Code;
173	173	(10) a first degree felony under Section 28.02, Penal
174	174	Code;
175	175	(11) a second degree felony under Section 29.02, Penal
176	176	Code;
177	177	(12) a first degree felony under Section 29.03, Penal
178	178	Code;
179	179	(13) a first degree felony under Section 30.02, Penal
180	180	Code;
181	181	(14) a felony for which the punishment is increased
182	182	under Section 481.134 or Section 481.140, Health and Safety Code;
183	183	(15) an offense under Section 43.25, Penal Code;
184	184	(16) an offense under Section 21.02, Penal Code; [or]
185	185	(17) a first degree felony under Section 15.03, Penal
186	186	Code; or
187	187	(18) an offense under Section 20A.02 or 20A.04, Penal
188	188	Code.
189	189	ARTICLE 2. ADDITIONAL CIVIL AND CRIMINAL CONSEQUENCES OF
190	190	TRAFFICKING
191	191	SECTION 2.01. Section 33.013(b), Civil Practice and
192	192	Remedies Code, is amended to read as follows:
193	193	(b) Notwithstanding Subsection (a), each liable defendant
194	194	is, in addition to his liability under Subsection (a), jointly and
195	195	severally liable for the damages recoverable by the claimant under
196	196	Section 33.012 with respect to a cause of action if:
197	197	(1) the percentage of responsibility attributed to the
198	198	defendant with respect to a cause of action is greater than 50
199	199	percent; or
200	200	(2) the defendant, with the specific intent to do harm
201	201	to others, acted in concert with another person to engage in the
202	202	conduct described in the following provisions of the Penal Code and
203	203	in so doing proximately caused the damages legally recoverable by
204	204	the claimant:
205	205	(A) Section 19.02 (murder);
206	206	(B) Section 19.03 (capital murder);
207	207	(C) Section 20.04 (aggravated kidnapping);
208	208	(D) Section 22.02 (aggravated assault);
209	209	(E) Section 22.011 (sexual assault);
210	210	(F) Section 22.021 (aggravated sexual assault);
211	211	(G) Section 22.04 (injury to a child, elderly
212	212	individual, or disabled individual);
213	213	(H) Section 32.21 (forgery);
214	214	(I) Section 32.43 (commercial bribery);
215	215	(J) Section 32.45 (misapplication of fiduciary
216	216	property or property of financial institution);
217	217	(K) Section 32.46 (securing execution of
218	218	document by deception);
219	219	(L) Section 32.47 (fraudulent destruction,
220	220	removal, or concealment of writing);
221	221	(M) conduct described in Chapter 31 the
222	222	punishment level for which is a felony of the third degree or
223	223	higher; [or]
224	224	(N) Section 21.02 (continuous sexual abuse of
225	225	young child or children);
226	226	(O) Section 20A.02 (trafficking of persons); or
227	227	(P) Section 20A.04 (continuous trafficking of
228	228	persons).
229	229	SECTION 2.02. Section 125.0015(a), Civil Practice and
230	230	Remedies Code, is amended to read as follows:
231	231	(a) A person who maintains a place to which persons
232	232	habitually go for the following purposes and who knowingly
233	233	tolerates the activity and furthermore fails to make reasonable
234	234	attempts to abate the activity maintains a common nuisance:
235	235	(1) discharge of a firearm in a public place as
236	236	prohibited by the Penal Code;
237	237	(2) reckless discharge of a firearm as prohibited by
238	238	the Penal Code;
239	239	(3) engaging in organized criminal activity as a
240	240	member of a combination as prohibited by the Penal Code;
241	241	(4) delivery, possession, manufacture, or use of a
242	242	controlled substance in violation of Chapter 481, Health and Safety
243	243	Code;
244	244	(5) gambling, gambling promotion, or communicating
245	245	gambling information as prohibited by the Penal Code;
246	246	(6) prostitution, promotion of prostitution, or
247	247	aggravated promotion of prostitution as prohibited by the Penal
248	248	Code;
249	249	(7) compelling prostitution as prohibited by the Penal
250	250	Code;
251	251	(8) commercial manufacture, commercial distribution,
252	252	or commercial exhibition of obscene material as prohibited by the
253	253	Penal Code;
254	254	(9) aggravated assault as described by Section 22.02,
255	255	Penal Code;
256	256	(10) sexual assault as described by Section 22.011,
257	257	Penal Code;
258	258	(11) aggravated sexual assault as described by Section
259	259	22.021, Penal Code;
260	260	(12) robbery as described by Section 29.02, Penal
261	261	Code;
262	262	(13) aggravated robbery as described by Section 29.03,
263	263	Penal Code;
264	264	(14) unlawfully carrying a weapon as described by
265	265	Section 46.02, Penal Code;
266	266	(15) murder as described by Section 19.02, Penal Code;
267	267	(16) capital murder as described by Section 19.03,
268	268	Penal Code;
269	269	(17) continuous sexual abuse of young child or
270	270	children as described by Section 21.02, Penal Code; [or]
271	271	(18) massage therapy or other massage services in
272	272	violation of Chapter 455, Occupations Code;
273	273	(19) trafficking of persons as described by Section
274	274	20A.02, Penal Code; or
275	275	(20) continuous trafficking of persons as described by
276	276	Section 20A.04, Penal Code.
277	277	SECTION 2.03. Article 17.03(b), Code of Criminal Procedure,
278	278	is amended to read as follows:
279	279	(b) Only the court before whom the case is pending may
280	280	release on personal bond a defendant who:
281	281	(1) is charged with an offense under the following
282	282	sections of the Penal Code:
283	283	(A) Section 19.03 (Capital Murder);
284	284	(B) Section 20.04 (Aggravated Kidnapping);
285	285	(C) Section 22.021 (Aggravated Sexual Assault);
286	286	(D) Section 22.03 (Deadly Assault on Law
287	287	Enforcement or Corrections Officer, Member or Employee of Board of
288	288	Pardons and Paroles, or Court Participant);
289	289	(E) Section 22.04 (Injury to a Child, Elderly
290	290	Individual, or Disabled Individual);
291	291	(F) Section 29.03 (Aggravated Robbery);
292	292	(G) Section 30.02 (Burglary);
293	293	(H) Section 71.02 (Engaging in Organized
294	294	Criminal Activity); [or]
295	295	(I) Section 21.02 (Continuous Sexual Abuse of
296	296	Young Child or Children);
297	297	(J) Section 20A.02 (Trafficking of Persons); or
298	298	(K) Section 20A.04 (Continuous Trafficking of
299	299	Persons);
300	300	(2) is charged with a felony under Chapter 481, Health
301	301	and Safety Code, or Section 485.033, Health and Safety Code,
302	302	punishable by imprisonment for a minimum term or by a maximum fine
303	303	that is more than a minimum term or maximum fine for a first degree
304	304	felony; or
305	305	(3) does not submit to testing for the presence of a
306	306	controlled substance in the defendant's body as requested by the
307	307	court or magistrate under Subsection (c) of this article or submits
308	308	to testing and the test shows evidence of the presence of a
309	309	controlled substance in the defendant's body.
310	310	SECTION 2.04. Article 17.032(a), Code of Criminal
311	311	Procedure, is amended to read as follows:
312	312	(a) In this article, "violent offense" means an offense
313	313	under the following sections of the Penal Code:
314	314	(1) Section 19.02 (murder);
315	315	(2) Section 19.03 (capital murder);
316	316	(3) Section 20.03 (kidnapping);
317	317	(4) Section 20.04 (aggravated kidnapping);
318	318	(5) Section 21.11 (indecency with a child);
319	319	(6) Section 22.01(a)(1) (assault);
320	320	(7) Section 22.011 (sexual assault);
321	321	(8) Section 22.02 (aggravated assault);
322	322	(9) Section 22.021 (aggravated sexual assault);
323	323	(10) Section 22.04 (injury to a child, elderly
324	324	individual, or disabled individual);
325	325	(11) Section 29.03 (aggravated robbery); [or]
326	326	(12) Section 21.02 (continuous sexual abuse of young
327	327	child or children);
328	328	(13) Section 20A.02 (trafficking of persons); or
329	329	(14) Section 20A.04 (continuous trafficking of
330	330	persons).
331	331	SECTION 2.05. Article 17.091, Code of Criminal Procedure,
332	332	is amended to read as follows:
333	333	Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
334	334	Before a judge or magistrate reduces the amount of bail set for a
335	335	defendant charged with an offense listed in Section 3g, Article
336	336	42.12, [or] an offense described by Article 62.001(5), or an
337	337	offense under Section 20A.04, Penal Code, the judge or magistrate
338	338	shall provide:
339	339	(1) to the attorney representing the state, reasonable
340	340	notice of the proposed bail reduction; and
341	341	(2) on request of the attorney representing the state
342	342	or the defendant or the defendant's counsel, an opportunity for a
343	343	hearing concerning the proposed bail reduction.
344	344	SECTION 2.06. Section 1, Article 38.071, Code of Criminal
345	345	Procedure, is amended to read as follows:
346	346	Sec. 1. This article applies only to a hearing or proceeding
347	347	in which the court determines that a child younger than 13 years of
348	348	age would be unavailable to testify in the presence of the defendant
349	349	about an offense defined by any of the following sections of the
350	350	Penal Code:
351	351	(1) Section 19.02 (Murder);
352	352	(2) Section 19.03 (Capital Murder);
353	353	(3) Section 19.04 (Manslaughter);
354	354	(4) Section 20.04 (Aggravated Kidnapping);
355	355	(5) Section 21.11 (Indecency with a Child);
356	356	(6) Section 22.011 (Sexual Assault);
357	357	(7) Section 22.02 (Aggravated Assault);
358	358	(8) Section 22.021 (Aggravated Sexual Assault);
359	359	(9) Section 22.04(e) (Injury to a Child, Elderly
360	360	Individual, or Disabled Individual);
361	361	(10) Section 22.04(f) (Injury to a Child, Elderly
362	362	Individual, or Disabled Individual), if the conduct is committed
363	363	intentionally or knowingly;
364	364	(11) Section 25.02 (Prohibited Sexual Conduct);
365	365	(12) Section 29.03 (Aggravated Robbery);
366	366	(13) Section 43.25 (Sexual Performance by a Child);
367	367	[or]
368	368	(14) Section 21.02 (Continuous Sexual Abuse of Young
369	369	Child or Children);
370	370	(15) Section 20A.02 (Trafficking of Persons); or
371	371	(16) Section 20A.04 (Continuous Trafficking of
372	372	Persons).
373	373	SECTION 2.07. Section 23.101(a), Government Code, is
374	374	amended to read as follows:
375	375	(a) The trial courts of this state shall regularly and
376	376	frequently set hearings and trials of pending matters, giving
377	377	preference to hearings and trials of the following:
378	378	(1) temporary injunctions;
379	379	(2) criminal actions, with the following actions given
380	380	preference over other criminal actions:
381	381	(A) criminal actions against defendants who are
382	382	detained in jail pending trial;
383	383	(B) criminal actions involving a charge that a
384	384	person committed an act of family violence, as defined by Section
385	385	71.004, Family Code;
386	386	(C) an offense under:
387	387	(i) Section 21.02 or 21.11, Penal Code;
388	388	(ii) Chapter 22, Penal Code, if the victim
389	389	of the alleged offense is younger than 17 years of age;
390	390	(iii) Section 25.02, Penal Code, if the
391	391	victim of the alleged offense is younger than 17 years of age;
392	392	(iv) Section 25.06, Penal Code; [or]
393	393	(v) Section 43.25, Penal Code; or
394	394	(vi) Section 20A.02 or 20A.04, Penal Code;
395	395	and
396	396	(D) an offense described by Article 62.001(6)(C)
397	397	or (D), Code of Criminal Procedure;
398	398	(3) election contests and suits under the Election
399	399	Code;
400	400	(4) orders for the protection of the family under
401	401	Subtitle B, Title 4, Family Code;
402	402	(5) appeals of final rulings and decisions of the
403	403	division of workers' compensation of the Texas Department of
404	404	Insurance regarding workers' compensation claims and claims under
405	405	the Federal Employers' Liability Act and the Jones Act;
406	406	(6) appeals of final orders of the commissioner of the
407	407	General Land Office under Section 51.3021, Natural Resources Code;
408	408	(7) actions in which the claimant has been diagnosed
409	409	with malignant mesothelioma, other malignant asbestos-related
410	410	cancer, malignant silica-related cancer, or acute silicosis; and
411	411	(8) appeals brought under Section 42.01 or 42.015, Tax
412	412	Code, of orders of appraisal review boards of appraisal districts
413	413	established for counties with a population of less than 175,000.
414	414	SECTION 2.08. Section 411.1471(a), Government Code, is
415	415	amended to read as follows:
416	416	(a) This section applies to a defendant who is:
417	417	(1) indicted or waives indictment for a felony
418	418	prohibited or punishable under any of the following Penal Code
419	419	sections:
420	420	(A) Section 20.04(a)(4);
421	421	(B) Section 21.11;
422	422	(C) Section 22.011;
423	423	(D) Section 22.021;
424	424	(E) Section 25.02;
425	425	(F) Section 30.02(d);
426	426	(G) Section 43.05;
427	427	(H) Section 43.25;
428	428	(I) Section 43.26; [or]
429	429	(J) Section 21.02;
430	430	(K) Section 20A.02; or
431	431	(L) Section 20A.04;
432	432	(2) arrested for a felony described by Subdivision (1)
433	433	after having been previously convicted of or placed on deferred
434	434	adjudication for an offense described by Subdivision (1) or an
435	435	offense punishable under Section 30.02(c)(2), Penal Code; or
436	436	(3) convicted of an offense under Section 21.07 or
437	437	21.08, Penal Code.
438	438	SECTION 2.09. Section 12.35(c), Penal Code, is amended to
439	439	read as follows:
440	440	(c) An individual adjudged guilty of a state jail felony
441	441	shall be punished for a third degree felony if it is shown on the
442	442	trial of the offense that:
443	443	(1) a deadly weapon as defined by Section 1.07 was used
444	444	or exhibited during the commission of the offense or during
445	445	immediate flight following the commission of the offense, and that
446	446	the individual used or exhibited the deadly weapon or was a party to
447	447	the offense and knew that a deadly weapon would be used or
448	448	exhibited; or
449	449	(2) the individual has previously been finally
450	450	convicted of any felony:
451	451	(A) under Section 20A.04 or 21.02 or listed in
452	452	Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
453	453	(B) for which the judgment contains an
454	454	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
455	455	Criminal Procedure.
456	456	SECTION 2.10. Section 12.42(c)(2), Penal Code, is amended
457	457	to read as follows:
458	458	(2) Notwithstanding Subdivision (1), a defendant
459	459	shall be punished by imprisonment in the Texas Department of
460	460	Criminal Justice for life if:
461	461	(A) the defendant is convicted of an offense:
462	462	(i) under Section 20A.04, 21.11(a)(1),
463	463	22.021, or 22.011, Penal Code;
464	464	(ii) under Section 20.04(a)(4), Penal Code,
465	465	if the defendant committed the offense with the intent to violate or
466	466	abuse the victim sexually; or
467	467	(iii) under Section 30.02, Penal Code,
468	468	punishable under Subsection (d) of that section, if the defendant
469	469	committed the offense with the intent to commit a felony described
470	470	by Subparagraph (i) or (ii) or a felony under Section 21.11, Penal
471	471	Code; and
472	472	(B) the defendant has been previously convicted
473	473	of an offense:
474	474	(i) under Section 43.25 or 43.26, Penal
475	475	Code, or an offense under Section 43.23, Penal Code, punishable
476	476	under Subsection (h) of that section;
477	477	(ii) under Section 20A.04, 21.02, 21.11,
478	478	22.011, 22.021, or 25.02, Penal Code;
479	479	(iii) under Section 20.04(a)(4), Penal
480	480	Code, if the defendant committed the offense with the intent to
481	481	violate or abuse the victim sexually;
482	482	(iv) under Section 30.02, Penal Code,
483	483	punishable under Subsection (d) of that section, if the defendant
484	484	committed the offense with the intent to commit a felony described
485	485	by Subparagraph (ii) or (iii); or
486	486	(v) under the laws of another state
487	487	containing elements that are substantially similar to the elements
488	488	of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
489	489	ARTICLE 3. CONFORMING AMENDMENTS
490	490	SECTION 3.01. Sections 4(a) and (b), Article 37.07, Code of
491	491	Criminal Procedure, are amended to read as follows:
492	492	(a) In the penalty phase of the trial of a felony case in
493	493	which the punishment is to be assessed by the jury rather than the
494	494	court, if the offense of which the jury has found the defendant
495	495	guilty is listed in Section 3g(a)(1), Article 42.12, of this code or
496	496	if the judgment contains an affirmative finding under Section
497	497	3g(a)(2), Article 42.12, of this code, unless the defendant has
498	498	been convicted of an offense under Section 20A.04 or 21.02, Penal
499	499	Code, an offense under Section 22.021, Penal Code, that is
500	500	punishable under Subsection (f) of that section, or a capital
501	501	felony, the court shall charge the jury in writing as follows:
502	502	"Under the law applicable in this case, the defendant, if
503	503	sentenced to a term of imprisonment, may earn time off the period of
504	504	incarceration imposed through the award of good conduct time.
505	505	Prison authorities may award good conduct time to a prisoner who
506	506	exhibits good behavior, diligence in carrying out prison work
507	507	assignments, and attempts at rehabilitation. If a prisoner engages
508	508	in misconduct, prison authorities may also take away all or part of
509	509	any good conduct time earned by the prisoner.
510	510	"It is also possible that the length of time for which the
511	511	defendant will be imprisoned might be reduced by the award of
512	512	parole.
513	513	"Under the law applicable in this case, if the defendant is
514	514	sentenced to a term of imprisonment, he will not become eligible for
515	515	parole until the actual time served equals one-half of the sentence
516	516	imposed or 30 years, whichever is less, without consideration of
517	517	any good conduct time he may earn. If the defendant is sentenced to
518	518	a term of less than four years, he must serve at least two years
519	519	before he is eligible for parole. Eligibility for parole does not
520	520	guarantee that parole will be granted.
521	521	"It cannot accurately be predicted how the parole law and
522	522	good conduct time might be applied to this defendant if he is
523	523	sentenced to a term of imprisonment, because the application of
524	524	these laws will depend on decisions made by prison and parole
525	525	authorities.
526	526	"You may consider the existence of the parole law and good
527	527	conduct time. However, you are not to consider the extent to which
528	528	good conduct time may be awarded to or forfeited by this particular
529	529	defendant. You are not to consider the manner in which the parole
530	530	law may be applied to this particular defendant."
531	531	(b) In the penalty phase of the trial of a felony case in
532	532	which the punishment is to be assessed by the jury rather than the
533	533	court, if the offense is punishable as a felony of the first degree,
534	534	if a prior conviction has been alleged for enhancement of
535	535	punishment as provided by Section 12.42(b), (c)(1) or (2), or (d),
536	536	Penal Code, or if the offense is a felony not designated as a
537	537	capital felony or a felony of the first, second, or third degree and
538	538	the maximum term of imprisonment that may be imposed for the offense
539	539	is longer than 60 years, unless the offense of which the jury has
540	540	found the defendant guilty is an offense under Section 20A.04,
541	541	Penal Code, or an offense that is punishable under Section
542	542	21.02(h), Penal Code, or is listed in Section 3g(a)(1), Article
543	543	42.12, of this code or the judgment contains an affirmative finding
544	544	under Section 3g(a)(2), Article 42.12, of this code, the court
545	545	shall charge the jury in writing as follows:
546	546	"Under the law applicable in this case, the defendant, if
547	547	sentenced to a term of imprisonment, may earn time off the period of
548	548	incarceration imposed through the award of good conduct time.
549	549	Prison authorities may award good conduct time to a prisoner who
550	550	exhibits good behavior, diligence in carrying out prison work
551	551	assignments, and attempts at rehabilitation. If a prisoner engages
552	552	in misconduct, prison authorities may also take away all or part of
553	553	any good conduct time earned by the prisoner.
554	554	"It is also possible that the length of time for which the
555	555	defendant will be imprisoned might be reduced by the award of
556	556	parole.
557	557	"Under the law applicable in this case, if the defendant is
558	558	sentenced to a term of imprisonment, he will not become eligible for
559	559	parole until the actual time served plus any good conduct time
560	560	earned equals one-fourth of the sentence imposed or 15 years,
561	561	whichever is less. Eligibility for parole does not guarantee that
562	562	parole will be granted.
563	563	"It cannot accurately be predicted how the parole law and
564	564	good conduct time might be applied to this defendant if he is
565	565	sentenced to a term of imprisonment, because the application of
566	566	these laws will depend on decisions made by prison and parole
567	567	authorities.
568	568	"You may consider the existence of the parole law and good
569	569	conduct time. However, you are not to consider the extent to which
570	570	good conduct time may be awarded to or forfeited by this particular
571	571	defendant. You are not to consider the manner in which the parole
572	572	law may be applied to this particular defendant."
573	573	SECTION 3.02. Section 499.027(b), Government Code, is
574	574	amended to read as follows:
575	575	(b) An inmate is not eligible under this subchapter to be
576	576	considered for release to intensive supervision parole if:
577	577	(1) the inmate is awaiting transfer to the
578	578	institutional division, or serving a sentence, for an offense for
579	579	which the judgment contains an affirmative finding under Section
580	580	3g(a)(2), Article 42.12, Code of Criminal Procedure;
581	581	(2) the inmate is awaiting transfer to the
582	582	institutional division, or serving a sentence, for an offense
583	583	listed in one of the following sections of the Penal Code:
584	584	(A) Section 19.02 (murder);
585	585	(B) Section 19.03 (capital murder);
586	586	(C) Section 19.04 (manslaughter);
587	587	(D) Section 20.03 (kidnapping);
588	588	(E) Section 20.04 (aggravated kidnapping);
589	589	(F) Section 21.11 (indecency with a child);
590	590	(G) Section 22.011 (sexual assault);
591	591	(H) Section 22.02 (aggravated assault);
592	592	(I) Section 22.021 (aggravated sexual assault);
593	593	(J) Section 22.04 (injury to a child or an
594	594	elderly individual);
595	595	(K) Section 25.02 (prohibited sexual conduct);
596	596	(L) Section 25.08 (sale or purchase of a child);
597	597	(M) Section 28.02 (arson);
598	598	(N) Section 29.02 (robbery);
599	599	(O) Section 29.03 (aggravated robbery);
600	600	(P) Section 30.02 (burglary), if the offense is
601	601	punished as a first-degree felony under that section;
602	602	(Q) Section 43.04 (aggravated promotion of
603	603	prostitution);
604	604	(R) Section 43.05 (compelling prostitution);
605	605	(S) Section 43.24 (sale, distribution, or
606	606	display of harmful material to minor);
607	607	(T) Section 43.25 (sexual performance by a
608	608	child);
609	609	(U) Section 46.10 (deadly weapon in penal
610	610	institution);
611	611	(V) Section 15.01 (criminal attempt), if the
612	612	offense attempted is listed in this subsection;
613	613	(W) Section 15.02 (criminal conspiracy), if the
614	614	offense that is the subject of the conspiracy is listed in this
615	615	subsection;
616	616	(X) Section 15.03 (criminal solicitation), if
617	617	the offense solicited is listed in this subsection; [or]
618	618	(Y) Section 21.02 (continuous sexual abuse of
619	619	young child or children);
620	620	(Z) Section 20A.02 (trafficking of persons); or
621	621	(AA) Section 20A.04 (continuous trafficking of
622	622	persons); or
623	623	(3) the inmate is awaiting transfer to the
624	624	institutional division, or serving a sentence, for an offense under
625	625	Chapter 481, Health and Safety Code, punishable by a minimum term of
626	626	imprisonment or a maximum fine that is greater than the minimum term
627	627	of imprisonment or the maximum fine for a first degree felony.
628	628	SECTION 3.03. Section 508.151(a), Government Code, is
629	629	amended to read as follows:
630	630	(a) For the purpose of diverting inmates to halfway houses
631	631	under Section 508.118, a parole panel, after reviewing all
632	632	available pertinent information, may designate a presumptive
633	633	parole date for an inmate who:
634	634	(1) has never been convicted of an offense listed
635	635	under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure,
636	636	or an offense under Section 20A.04 or 21.02, Penal Code; and
637	637	(2) has never had a conviction with a judgment that
638	638	contains an affirmative finding under Section 3g(a)(2), Article
639	639	42.12, Code of Criminal Procedure.
640	640	ARTICLE 4. TRANSITION; EFFECTIVE DATE
641	641	SECTION 4.01. The change in law made by this Act applies
642	642	only to an offense committed on or after the effective date of this
643	643	Act. An offense committed before the effective date of this Act is
644	644	governed by the law in effect on the date the offense was committed,
645	645	and the former law is continued in effect for that purpose. For
646	646	purposes of this section, an offense was committed before the
647	647	effective date of this Act if any element of the offense occurred
648	648	before that date.
649	649	SECTION 4.02. This Act takes effect September 1, 2011.