S.B.
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No.
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1832AN ACTrelating to the eligibility for judge-ordered communitysupervision or for release on parole or to mandatory supervision ofa defendant convicted of criminal solicitation of capital murder.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION
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1.
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Subsection (a), Section 3g, Article 42.12, Codeof Criminal Procedure, as amended by Chapters 405 (S.B. 877) and 593(H.B. 8), Acts of the 80th Legislature, Regular Session, 2007, isreenacted and amended to read as follows:(a)
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The provisions of Section 3 of this article do notapply:(1)
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to a defendant adjudged guilty of an offenseunder:(A)
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Section 19.02, Penal Code (Murder);(B)
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Section 19.03, Penal Code (Capital murder);(C)
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Section 21.11(a)(1), Penal Code (Indecencywith a child);(D)
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Section 20.04, Penal Code (Aggravatedkidnapping);(E)
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Section 22.021, Penal Code (Aggravatedsexual assault);(F)
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Section 29.03, Penal Code (Aggravatedrobbery);(G)
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Chapter 481, Health and Safety Code, for1234567891011121314151617181920212223241
which punishment is increased under:(i)
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Section 481.140, Health and SafetyCode; or(ii)
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Section 481.134(c), (d), (e), or (f),Health and Safety Code, if it is shown that the defendant has beenpreviously convicted of an offense for which punishment wasincreased under any of those subsections;(H)
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Section 22.011, Penal Code (Sexual assault);[or](I)
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Section 22.04(a)(1), Penal Code (Injury to achild, elderly individual, or disabled individual), if the offenseis punishable as a felony of the first degree and the victim of theoffense is a child; [or](J) [(I)] Section 43.25, Penal Code (Sexualperformance by a child); or(K)
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Section 15.03, Penal Code, if the offense ispunishable as a felony of the first degree; or(2)
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to a defendant when it is shown that a deadlyweapon as defined in Section 1.07, Penal Code, was used or exhibitedduring the commission of a felony offense or during immediateflight therefrom, and that the defendant used or exhibited thedeadly weapon or was a party to the offense and knew that a deadlyweapon would be used or exhibited. On an affirmative finding underthis subdivision, the trial court shall enter the finding in thejudgment of the court. On an affirmative finding that the deadlyweapon was a firearm, the court shall enter that finding in itsjudgment.123456789101112131415161718192021222324252627S.B.
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No.
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18322
SECTION
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2.
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Subsection (d), Section 508.145, GovernmentCode, is amended to read as follows:(d)
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An inmate serving a sentence for an offense described bySection 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), (J), or(K), Article 42.12, Code of Criminal Procedure, or for an offensefor which the judgment contains an affirmative finding underSection 3g(a)(2) of that article, is not eligible for release onparole until the inmate
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s actual calendar time served, withoutconsideration of good conduct time, equals one-half of the sentenceor 30 calendar years, whichever is less, but in no event is theinmate eligible for release on parole in less than two calendaryears.SECTION
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3.
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Subsection (a), Section 508.149, GovernmentCode, is amended to read as follows:(a)
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An inmate may not be released to mandatory supervisionif the inmate is serving a sentence for or has been previouslyconvicted of:(1)
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an offense for which the judgment contains anaffirmative finding under Section 3g(a)(2), Article 42.12, Code ofCriminal Procedure;(2)
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a first degree felony or a second degree felonyunder Section 19.02, Penal Code;(3)
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a capital felony under Section 19.03, Penal Code;(4)
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a first degree felony or a second degree felonyunder Section 20.04, Penal Code;(5)
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an offense under Section 21.11, Penal Code;(6)
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a felony under Section 22.011, Penal Code;123456789101112131415161718192021222324252627S.B.
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No.
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18323
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