Bill Text: TX SB727 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the eligibility for judge-ordered community supervision or for release on parole of certain defendants convicted of burglary with the intent to commit a sex offense.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2013-05-24 - Effective on 9/1/13 [SB727 Detail]
Download: Texas-2013-SB727-Enrolled.html
| S.B. No. 727 | ||
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| relating to the eligibility for judge-ordered community | ||
| supervision or for release on parole of certain defendants | ||
| convicted of burglary with the intent to commit a sex offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subsection (a), Section 3g, Article 42.12, Code | ||
| of Criminal Procedure, is amended to read as follows: | ||
| (a) The provisions of Section 3 of this article do not | ||
| apply: | ||
| (1) to a defendant adjudged guilty of an offense | ||
| under: | ||
| (A) Section 19.02, Penal Code (Murder); | ||
| (B) Section 19.03, Penal Code (Capital murder); | ||
| (C) Section 21.11(a)(1), Penal Code (Indecency | ||
| with a child); | ||
| (D) Section 20.04, Penal Code (Aggravated | ||
| kidnapping); | ||
| (E) Section 22.021, Penal Code (Aggravated | ||
| sexual assault); | ||
| (F) Section 29.03, Penal Code (Aggravated | ||
| robbery); | ||
| (G) Chapter 481, Health and Safety Code, for | ||
| which punishment is increased under: | ||
| (i) Section 481.140, Health and Safety | ||
| Code; or | ||
| (ii) 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 of those subsections; | ||
| (H) Section 22.011, Penal Code (Sexual assault); | ||
| (I) Section 22.04(a)(1), Penal Code (Injury to a | ||
| child, elderly individual, or disabled individual), if the offense | ||
| is punishable as a felony of the first degree and the victim of the | ||
| offense is a child; | ||
| (J) Section 43.25, Penal Code (Sexual | ||
| performance by a child); | ||
| (K) Section 15.03, Penal Code, if the offense is | ||
| punishable as a felony of the first degree; | ||
| (L) Section 43.05, Penal Code (Compelling | ||
| prostitution); [ |
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| (M) Section 20A.02, Penal Code (Trafficking of | ||
| persons); or | ||
| (N) Section 30.02, Penal Code (Burglary), if the | ||
| offense is punishable under Subsection (d) of that section and the | ||
| actor committed the offense with the intent to commit a felony under | ||
| Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; or | ||
| (2) to a defendant when it is shown that a deadly | ||
| weapon as defined in Section 1.07, Penal Code, was used or exhibited | ||
| during the commission of a felony offense or during immediate | ||
| flight therefrom, and that the defendant used or exhibited the | ||
| deadly weapon or was a party to the offense and knew that a deadly | ||
| weapon would be used or exhibited. On an affirmative finding under | ||
| this subdivision, the trial court shall enter the finding in the | ||
| judgment of the court. On an affirmative finding that the deadly | ||
| weapon was a firearm, the court shall enter that finding in its | ||
| judgment. | ||
| SECTION 2. Subdivision (1), Subsection (d), Section | ||
| 508.145, Government Code, is amended to read as follows: | ||
| (1) An inmate serving a sentence for an offense | ||
| described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), | ||
| (I), (J), [ |
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| 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, 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. 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 4. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 727 passed the Senate on | ||
| April 18, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 727 passed the House on | ||
| May 9, 2013, by the following vote: Yeas 133, Nays 0, two present | ||
| not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
