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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