Bill Text: TX HB3 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the imposition of a sentence of life without parole on certain defendants who commit certain sexual offenses.
Spectrum: Moderate Partisan Bill (Republican 10-2)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3 Detail]
Download: Texas-2011-HB3-Enrolled.html
| H.B. No. 3 | ||
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| 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; or | ||
| (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), | ||
| 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) 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 or 22.021 that the defendant | ||
| has previously been finally convicted of: | ||
| (A) an offense under Section 21.02 or 22.021; or | ||
| (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 or 22.021. | ||
| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3 was passed by the House on April 21, | ||
| 2011, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 3 on May 26, 2011, by the following vote: Yeas 140, Nays 2, 1 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3 was passed by the Senate, with | ||
| amendments, on May 24, 2011, by the following vote: Yeas 30, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
