| 1 | 1 | | By: Taylor S.B. No. 727 |
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| 2 | 2 | | (Bonnen of Galveston) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the eligibility for judge-ordered community |
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| 8 | 8 | | supervision or for release on parole of certain defendants |
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| 9 | 9 | | convicted of burglary with the intent to commit a sex offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subsection (a), Section 3g, Article 42.12, Code |
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| 12 | 12 | | of Criminal Procedure, is amended to read as follows: |
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| 13 | 13 | | (a) The provisions of Section 3 of this article do not |
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| 14 | 14 | | apply: |
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| 15 | 15 | | (1) to a defendant adjudged guilty of an offense |
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| 16 | 16 | | under: |
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| 17 | 17 | | (A) Section 19.02, Penal Code (Murder); |
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| 18 | 18 | | (B) Section 19.03, Penal Code (Capital murder); |
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| 19 | 19 | | (C) Section 21.11(a)(1), Penal Code (Indecency |
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| 20 | 20 | | with a child); |
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| 21 | 21 | | (D) Section 20.04, Penal Code (Aggravated |
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| 22 | 22 | | kidnapping); |
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| 23 | 23 | | (E) Section 22.021, Penal Code (Aggravated |
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| 24 | 24 | | sexual assault); |
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| 25 | 25 | | (F) Section 29.03, Penal Code (Aggravated |
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| 26 | 26 | | robbery); |
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| 27 | 27 | | (G) Chapter 481, Health and Safety Code, for |
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| 28 | 28 | | which punishment is increased under: |
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| 29 | 29 | | (i) Section 481.140, Health and Safety |
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| 30 | 30 | | Code; or |
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| 31 | 31 | | (ii) Section 481.134(c), (d), (e), or (f), |
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| 32 | 32 | | Health and Safety Code, if it is shown that the defendant has been |
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| 33 | 33 | | previously convicted of an offense for which punishment was |
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| 34 | 34 | | increased under any of those subsections; |
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| 35 | 35 | | (H) Section 22.011, Penal Code (Sexual assault); |
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| 36 | 36 | | (I) Section 22.04(a)(1), Penal Code (Injury to a |
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| 37 | 37 | | child, elderly individual, or disabled individual), if the offense |
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| 38 | 38 | | is punishable as a felony of the first degree and the victim of the |
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| 39 | 39 | | offense is a child; |
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| 40 | 40 | | (J) Section 43.25, Penal Code (Sexual |
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| 41 | 41 | | performance by a child); |
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| 42 | 42 | | (K) Section 15.03, Penal Code, if the offense is |
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| 43 | 43 | | punishable as a felony of the first degree; |
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| 44 | 44 | | (L) Section 43.05, Penal Code (Compelling |
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| 45 | 45 | | prostitution); [or] |
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| 46 | 46 | | (M) Section 20A.02, Penal Code (Trafficking of |
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| 47 | 47 | | persons); or |
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| 48 | 48 | | (N) Section 30.02, Penal Code (Burglary), if the |
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| 49 | 49 | | offense is punishable under Subsection (d) of that section and the |
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| 50 | 50 | | actor committed the offense with the intent to commit a felony under |
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| 51 | 51 | | Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; or |
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| 52 | 52 | | (2) to a defendant when it is shown that a deadly |
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| 53 | 53 | | weapon as defined in Section 1.07, Penal Code, was used or exhibited |
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| 54 | 54 | | during the commission of a felony offense or during immediate |
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| 55 | 55 | | flight therefrom, and that the defendant used or exhibited the |
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| 56 | 56 | | deadly weapon or was a party to the offense and knew that a deadly |
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| 57 | 57 | | weapon would be used or exhibited. On an affirmative finding under |
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| 58 | 58 | | this subdivision, the trial court shall enter the finding in the |
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| 59 | 59 | | judgment of the court. On an affirmative finding that the deadly |
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| 60 | 60 | | weapon was a firearm, the court shall enter that finding in its |
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| 61 | 61 | | judgment. |
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| 62 | 62 | | SECTION 2. Subdivision (1), Subsection (d), Section |
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| 63 | 63 | | 508.145, Government Code, is amended to read as follows: |
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| 64 | 64 | | (1) An inmate serving a sentence for an offense |
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| 65 | 65 | | described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), |
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| 66 | 66 | | (I), (J), [or] (K), or (N), Article 42.12, Code of Criminal |
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| 67 | 67 | | Procedure, or for an offense for which the judgment contains an |
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| 68 | 68 | | affirmative finding under Section 3g(a)(2) of that article, or for |
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| 69 | 69 | | an offense under Section 20A.03, Penal Code, is not eligible for |
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| 70 | 70 | | release on parole until the inmate's actual calendar time served, |
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| 71 | 71 | | without consideration of good conduct time, equals one-half of the |
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| 72 | 72 | | sentence or 30 calendar years, whichever is less, but in no event is |
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| 73 | 73 | | the inmate eligible for release on parole in less than two calendar |
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| 74 | 74 | | years. |
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| 75 | 75 | | SECTION 3. The changes in law made by this Act apply only to |
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| 76 | 76 | | an offense committed on or after the effective date of this Act. An |
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| 77 | 77 | | offense committed before the effective date of this Act is governed |
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| 78 | 78 | | by the law in effect when the offense was committed, and the former |
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| 79 | 79 | | law is continued in effect for that purpose. For purposes of this |
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| 80 | 80 | | section, an offense was committed before the effective date of this |
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| 81 | 81 | | Act if any element of the offense occurred before that date. |
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| 82 | 82 | | SECTION 4. This Act takes effect September 1, 2013. |
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