82R20436 KEL-D
By: Thompson, Woolley, Button, Alvarado, H.B. No. 3
Truitt, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of a sentence of life without parole on
certain defendants who commit certain sexual offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 21.02, Penal Code;
(B) Section 22.011, Penal Code, that is
punishable under Section 12.42(c)(4), Penal Code; or
(C) [(B)] Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code.
SECTION 2. Section 508.145(d), Government Code, is amended
to read as follows:
(d)(1) An inmate serving a sentence for an offense described
by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or
(K), 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.
(2) Notwithstanding Subdivision (1), an inmate
serving a sentence for an offense described by Section 3g(a)(1)(E)
or (H), Article 42.12, Code of Criminal Procedure, is not eligible
for release on parole if the inmate is serving a sentence for an
offense for which punishment was enhanced under Section
12.42(c)(4), Penal Code.
SECTION 3. Sections 12.42(b) and (d), Penal Code, are
amended to read as follows:
(b) Except as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a second-degree felony that the defendant
has been once before convicted of a felony, on conviction he shall
be punished for a first-degree felony.
(d) Except as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony offense other than a state jail
felony punishable under Section 12.35(a) that the defendant has
previously been finally convicted of two felony offenses, and the
second previous felony conviction is for an offense that occurred
subsequent to the first previous conviction having become final, on
conviction he shall be punished 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 4. Section 12.42(c)(4), Penal Code, is amended to
read as follows:
(4)(A) Except as provided by Paragraph (B) and
notwithstanding [Notwithstanding] Subdivision (1) or (2), a
defendant shall be punished by imprisonment in the Texas Department
of Criminal Justice for life without parole if it is shown on the
trial of an offense under Section 21.02, 22.011, or 22.021 that the
defendant has previously been finally convicted of:
(i) [(A)] an offense under Section 21.02,
22.011, or 22.021; or
(ii) [(B)] an offense that was committed
under the laws of another state and that contains elements that are
substantially similar to the elements of an offense under Section
21.02, 22.011, or 22.021.
(B) A defendant may not be punished as described
by this subdivision as a result of any conviction of an offense
under Section 22.011, Penal Code, for which an affirmative finding
was entered under Article 42.017, Code of Criminal Procedure.
SECTION 5. 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 6. This Act takes effect September 1, 2011.