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  H.B. No. 3
 
 
 
 
AN ACT
  relating to the imposition of a sentence of life without parole on
  certain defendants who commit certain sexual offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5(d), Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         (d)  In all other cases the judge may grant deferred
  adjudication unless:
               (1)  the defendant is charged with an offense:
                     (A)  under Sections 49.04-49.08, Penal Code; or
                     (B)  for which punishment may be increased under
  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 one of those
  subsections;
               (2)  the defendant:
                     (A)  is charged with an offense under Section
  21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
  victim, or a felony described by Section 13B(b) of this article; and
                     (B)  has previously been placed on community
  supervision for any offense under Paragraph (A) of this
  subdivision; or
               (3)  the defendant is charged with an offense under:
                     (A)  Section 21.02, Penal Code; or
                     (B)  Section 22.021, Penal Code, that is
  punishable under Subsection (f) of that section or under Section
  12.42(c)(3) or (4), Penal Code.
         SECTION 2.  Section 508.145(d), 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, 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.  Sections 12.42(b) and (d), Penal Code, are
  amended to read as follows:
         (b)  Except as provided by Subsection (c)(2) or (c)(4), if it
  is shown on the trial of a second-degree felony that the defendant
  has been once before convicted of a felony, on conviction he shall
  be punished for a first-degree felony.
         (d)  Except as provided by Subsection (c)(2) or (c)(4), if it
  is shown on the trial of a felony offense other than a state jail
  felony punishable under Section 12.35(a) that the defendant has
  previously been finally convicted of two felony offenses, and the
  second previous felony conviction is for an offense that occurred
  subsequent to the first previous conviction having become final, on
  conviction he shall be punished 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.
         SECTION 4.  Section 12.42(c)(4), Penal Code, is amended to
  read as follows:
               (4)  Notwithstanding Subdivision (1) or (2), a
  defendant shall be punished by imprisonment in the Texas Department
  of Criminal Justice for life without parole if it is shown on the
  trial of an offense under Section 21.02 or 22.021 that the defendant
  has previously been finally convicted of:
                     (A)  an offense under Section 21.02 or 22.021; or
                     (B)  an offense that was committed under the laws
  of another state and that contains elements that are substantially
  similar to the elements of an offense under Section 21.02 or 22.021.
         SECTION 5.  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
  governed by the law in effect on the date 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 6.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3 was passed by the House on April 21,
  2011, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3 on May 26, 2011, by the following vote:  Yeas 140, Nays 2, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3 was passed by the Senate, with
  amendments, on May 24, 2011, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor