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  S.B. No. 877
 
 
 
 
AN ACT
  relating to a limitation on judge-ordered community supervision for
  certain defendants convicted of first-degree felony injury to a
  child.
         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; [or]
                     (H)  Section 22.011, Penal Code (Sexual assault);
  or
                     (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; 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.  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), [or] (H), or (I),
  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.
         SECTION 3.  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
  covered 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 is committed before the effective date of
  this Act if any element of the offense occurs before the effective
  date.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 877 passed the Senate on
  April 25, 2007, by the following vote: Yeas 29, Nays 0; and that
  the Senate concurred in House amendment on May 17, 2007, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 877 passed the House, with
  amendment, on May 11, 2007, by the following vote: Yeas 134,
  Nays 1, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor