Texas 2015 - 84th Regular

Texas Senate Bill SB1418 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11599 ADM-F
2	2	By: Taylor of Collin S.B. No. 1418
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the penalty for causing injury to a child;
8	8	changing the eligibility for community supervision and parole.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 3g(a), Article 42.12, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(a) The provisions of Section 3 of this article do not
13	13	apply:
14	14	(1) to a defendant adjudged guilty of an offense
15	15	under:
16	16	(A) Section 19.02, Penal Code (Murder);
17	17	(B) Section 19.03, Penal Code (Capital murder);
18	18	(C) Section 21.11(a)(1), Penal Code (Indecency
19	19	with a child);
20	20	(D) Section 20.04, Penal Code (Aggravated
21	21	kidnapping);
22	22	(E) Section 22.021, Penal Code (Aggravated
23	23	sexual assault);
24	24	(F) Section 29.03, Penal Code (Aggravated
25	25	robbery);
26	26	(G) Chapter 481, Health and Safety Code, for
27	27	which punishment is increased under:
28	28	(i) Section 481.140, Health and Safety
29	29	Code; or
30	30	(ii) Section 481.134(c), (d), (e), or (f),
31	31	Health and Safety Code, if it is shown that the defendant has been
32	32	previously convicted of an offense for which punishment was
33	33	increased under any of those subsections;
34	34	(H) Section 22.011, Penal Code (Sexual assault);
35	35	(I) Section 22.04(a)(1) or (2) or (a-1)(1) or
36	36	(2), Penal Code (Injury to a child, elderly individual, or disabled
37	37	individual), if the offense is punishable as a felony of the first
38	38	degree and the victim of the offense is a child;
39	39	(J) Section 43.25, Penal Code (Sexual
40	40	performance by a child);
41	41	(K) Section 15.03, Penal Code, if the offense is
42	42	punishable as a felony of the first degree;
43	43	(L) Section 43.05, Penal Code (Compelling
44	44	prostitution);
45	45	(M) Section 20A.02, Penal Code (Trafficking of
46	46	persons); or
47	47	(N) Section 30.02, Penal Code (Burglary), if the
48	48	offense is punishable under Subsection (d) of that section and the
49	49	actor committed the offense with the intent to commit a felony under
50	50	Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; or
51	51	(2) to a defendant when it is shown that a deadly
52	52	weapon as defined in Section 1.07, Penal Code, was used or exhibited
53	53	during the commission of a felony offense or during immediate
54	54	flight therefrom, and that the defendant used or exhibited the
55	55	deadly weapon or was a party to the offense and knew that a deadly
56	56	weapon would be used or exhibited. On an affirmative finding under
57	57	this subdivision, the trial court shall enter the finding in the
58	58	judgment of the court. On an affirmative finding that the deadly
59	59	weapon was a firearm, the court shall enter that finding in its
60	60	judgment.
61	61	SECTION 2. Section 4(d), Article 42.12, Code of Criminal
62	62	Procedure, is amended to read as follows:
63	63	(d) A defendant is not eligible for community supervision
64	64	under this section if the defendant:
65	65	(1) is sentenced to a term of imprisonment that
66	66	exceeds 10 years;
67	67	(2) is convicted of a state jail felony for which
68	68	suspension of the imposition of the sentence occurs automatically
69	69	under Section 15(a);
70	70	(3) does not file a sworn motion under Subsection (e)
71	71	of this section or for whom the jury does not enter in the verdict a
72	72	finding that the information contained in the motion is true;
73	73	(4) is convicted of an offense for which punishment is
74	74	increased under Section 481.134(c), (d), (e), or (f), Health and
75	75	Safety Code, if it is shown that the defendant has been previously
76	76	convicted of an offense for which punishment was increased under
77	77	any one of those subsections;
78	78	(5) is convicted of an offense listed in:
79	79	(A) Section 3g(a)(1)(C), (E), or (H), if the
80	80	victim of the offense was younger than 14 years of age at the time
81	81	the offense was committed; or
82	82	(B) Section 3g(a)(I), if the victim of the
83	83	offense was 14 years of age or younger at the time the offense was
84	84	committed;
85	85	(6) is convicted of an offense listed in Section
86	86	3g(a)(1)(D), if the victim of the offense was younger than 14 years
87	87	of age at the time the offense was committed and the actor committed
88	88	the offense with the intent to violate or abuse the victim sexually;
89	89	(7) is convicted of an offense listed in Section
90	90	3g(a)(1)(J), (L), or (M); or
91	91	(8) is adjudged guilty of an offense under Section
92	92	19.02, Penal Code.
93	93	SECTION 3. Section 508.145(a), Government Code, is amended
94	94	to read as follows:
95	95	(a) An inmate under sentence of death, serving a sentence of
96	96	life imprisonment without parole, serving a sentence for an offense
97	97	under Section 21.02, Penal Code, [or] serving a sentence for an
98	98	offense under Section 22.021, Penal Code, that is punishable under
99	99	Subsection (f) of that section, or serving a sentence for an offense
100	100	described by Section 3g(a)(1)(I) is not eligible for release on
101	101	parole.
102	102	SECTION 4. Section 508.145(d)(1), Government Code, is
103	103	amended to read as follows:
104	104	(1) An inmate serving a sentence for an offense
105	105	described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H),
106	106	[(I),] (J), (K), (L), (M), or (N), Article 42.12, Code of Criminal
107	107	Procedure, an offense for which the judgment contains an
108	108	affirmative finding under Section 3g(a)(2) of that article, an
109	109	offense under Section 20A.03, Penal Code, or an offense under
110	110	Section 71.02 or 71.023, Penal Code, is not eligible for release on
111	111	parole until the inmate's actual calendar time served, without
112	112	consideration of good conduct time, equals one-half of the sentence
113	113	or 30 calendar years, whichever is less, but in no event is the
114	114	inmate eligible for release on parole in less than two calendar
115	115	years.
116	116	SECTION 5. Section 22.04, Penal Code, is amended by
117	117	amending Subsection (e) and adding Subsection (e-1) to read as
118	118	follows:
119	119	(e) Except as provided by Subsection (e-1), an [An] offense
120	120	under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the
121	121	first degree if [when] the conduct was [is] committed intentionally
122	122	or knowingly. If [When] the conduct was [is] engaged in
123	123	recklessly, the offense is a felony of the second degree.
124	124	(e-1) An offense under Subsection (a)(1) or (2) or (a-1)(1)
125	125	or (2) is a felony of the first degree, punishable by imprisonment
126	126	in the Texas Department of Criminal Justice for any term of not more
127	127	than 99 years or less than 10 years, if:
128	128	(1) the conduct was committed intentionally or
129	129	knowingly; and
130	130	(2) the victim of the offense was a child at the time
131	131	of the offense.
132	132	SECTION 6. The changes in law made by this Act apply only to
133	133	an offense committed on or after the effective date of this Act. An
134	134	offense committed before the effective date of this Act is governed
135	135	by the law in effect on the date the offense was committed, and the
136	136	former law is continued in effect for that purpose. For purposes of
137	137	this section, an offense was committed before the effective date of
138	138	this Act if any element of the offense occurred before that date.
139	139	SECTION 7. This Act takes effect September 1, 2015.