By: Williams, Estes S.B. No. 549
(In the Senate - Filed February 13, 2013; February 20, 2013,
read first time and referred to Committee on Criminal Justice;
April 18, 2013, reported favorably by the following vote:
Yeas 6, Nays 0; April 18, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to penalties for engaging in organized criminal activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 4, Article 37.07, Code
of Criminal Procedure, is 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 an offense under Section 71.02 or 71.023, Penal Code, or
an offense 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 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, the defendant [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 the defendant [he]
may earn. If the defendant is sentenced to a term of less than four
years, the defendant [he] must serve at least two years before the
defendant [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."
SECTION 2. Subsection (d), Section 508.145, 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, [or for] an offense under Section
20A.03, Penal Code, or an offense under Section 71.02 or 71.023,
Penal Code, 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),
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. Subsection (a), Section 508.149, Government
Code, as amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts
of the 82nd Legislature, Regular Session, 2011, is reenacted and
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;
(17) a first degree felony under Section 15.03, Penal
Code;
(18) an offense under Section 43.05, Penal Code; [or]
(19) an offense under Section 20A.02, Penal Code;
(20) [(18)] an offense under Section 20A.03, Penal
Code; or
(21) a first degree felony under Section 71.02 or
71.023, Penal Code.
SECTION 4. Subsection (b), Section 71.02, Penal Code, is
amended to read as follows:
(b) Except as provided in Subsections (c) and (d), an
offense under this section is one category higher than the most
serious offense listed in Subsection (a) that was committed, and if
the most serious offense is a Class A misdemeanor, the offense is a
state jail felony, except that if the most serious offense is a
felony of the first degree, the offense 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 15 years.
SECTION 5. Section 71.023, Penal Code, is amended to read as
follows:
Sec. 71.023. DIRECTING ACTIVITIES OF [CERTAIN] CRIMINAL
STREET GANGS. (a) A person commits an offense if the person, as
part of the identifiable leadership of a criminal street gang,
knowingly [initiates, organizes, plans,] finances, directs,
[manages,] or supervises the commission of, or a conspiracy to
commit, one or more of the following offenses by [a criminal street
gang or] members of a criminal street gang:
(1) a felony offense that is listed in Section
3g(a)(1), Article 42.12, Code of Criminal Procedure;
(2) a felony offense for which it is shown that a
deadly weapon, as defined by Section 1.07, was used or exhibited
during the commission of the offense or during immediate flight
from the commission of the offense; or
(3) an offense that is punishable as a felony of the
first or second degree under Chapter 481, Health and Safety Code
[with the intent to benefit, promote, or further the interests of
the criminal street gang or to increase the person's standing,
position, or status in the criminal street gang].
(b) 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.
[(c) Notwithstanding Section 71.01, in this section,
"criminal street gang" means:
[(1) an organization that:
[(A) has more than 10 members whose names are
included in an intelligence database under Chapter 61, Code of
Criminal Procedure;
[(B) has a hierarchical structure that has been
documented in an intelligence database under Chapter 61, Code of
Criminal Procedure;
[(C) engages in profit-sharing among two or more
members of the organization; and
[(D) in one or more regions of this state served
by different regional councils of government, continuously or
regularly engages in conduct:
[(i) that constitutes an offense listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
[(ii) in which it is alleged that a deadly
weapon is used or exhibited during the commission of or immediate
flight from the commission of any felony offense; or
[(iii) that is punishable as a felony of the
first or second degree under Chapter 481, Health and Safety Code; or
[(2) an organization that, in collaboration with an
organization described by Subdivision (1), engages in conduct or
commits an offense or conspires to engage in conduct or commit an
offense described by Subdivision (1)(D).]
SECTION 6. The changes in law made by this Act apply 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 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. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 8. This Act takes effect September 1, 2013.
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