Bill Text: TX SB1695 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to penalties for engaging in organized criminal activity.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Engrossed - Dead) 2011-05-25 - Returned to Local & Consent Calendars Comm. [SB1695 Detail]
Download: Texas-2011-SB1695-Introduced.html
Bill Title: Relating to penalties for engaging in organized criminal activity.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Engrossed - Dead) 2011-05-25 - Returned to Local & Consent Calendars Comm. [SB1695 Detail]
Download: Texas-2011-SB1695-Introduced.html
2011S0643-1 03/09/11 | ||
By: Williams | S.B. No. 1695 |
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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, [ |
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Section 3g(a)(2), Article 42.12, [ |
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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 [ |
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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 [ |
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may earn. If the defendant is sentenced to a term of less than four | ||
years, the defendant [ |
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defendant [ |
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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 [ |
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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) 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, [ |
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which the judgment contains an affirmative finding under Section | ||
3g(a)(2) of that article, 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. | ||
SECTION 3. Subsection (a), Section 508.149, Government | ||
Code, is 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; [ |
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(17) a first degree felony under Section 15.03, Penal | ||
Code; or | ||
(18) a first degree felony under Section 71.02 or | ||
71.023, Penal Code. | ||
SECTION 4. Section 481.108, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.108. PREPARATORY OFFENSES. (a) Except as | ||
provided by Subsection (b), Title 4, Penal Code, applies to an | ||
offense under this chapter. | ||
(b) The performance of an overt act described by Section | ||
15.02(a)(2), Penal Code, that is otherwise required to establish | ||
criminal conspiracy under that section is not required for purposes | ||
of establishing criminal conspiracy with respect to an offense | ||
under this chapter. | ||
SECTION 5. Subsection (b), Section 71.02, Penal Code, as | ||
amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the | ||
73rd Legislature, Regular Session, 1993, is reenacted and 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 6. Subsection (c), Section 71.02, Penal Code, as | ||
amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the | ||
73rd Legislature, Regular Session, 1993, is reenacted to read as | ||
follows: | ||
(c) Conspiring to commit an offense under this section is of | ||
the same degree as the most serious offense listed in Subsection (a) | ||
that the person conspired to commit. | ||
SECTION 7. Section 71.023, Penal Code, is amended to read as | ||
follows: | ||
Sec. 71.023. DIRECTING ACTIVITIES OF [ |
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STREET GANGS. (a) A person commits an offense if the person | ||
knowingly [ |
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criminal street gang that commit or conspire to commit a felony: | ||
(1) that is listed in Section 3g(a)(1), Article 42.12, | ||
Code of Criminal Procedure; | ||
(2) for which it is shown that a deadly weapon, as | ||
defined by Section 1.07, Penal Code, was used or exhibited during | ||
the commission of the offense or during immediate flight from the | ||
commission of the offense; or | ||
(3) that is punishable as a felony of the first or | ||
second degree under Chapter 481, Health and Safety Code [ |
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(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. | ||
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SECTION 8. Subsection (a), Section 4, Article 37.07, Code | ||
of Criminal Procedure, Sections 508.145 and 508.149, Government | ||
Code, Section 481.108, Health and Safety Code, and Sections 71.02 | ||
and 71.023, Penal Code, as amended 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 9. This Act takes effect September 1, 2011. |