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  S.B. No. 549
 
 
 
 
AN ACT
  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, Penal Code, other than an
  offense punishable as a state jail felony under that section, an
  offense under Section 71.023, Penal Code, or an offense listed in
  Section 3g(a)(1), Article 42.12, [of this code] or if the judgment
  contains an affirmative finding under Section 3g(a)(2), Article
  42.12, [of this code,] unless the 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 [he] will not
  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 [he]
  may earn.  If the defendant is sentenced to a term of less than four
  years, the defendant [he] must serve at least two years before the
  defendant [he] is eligible for parole.  Eligibility for parole does
  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 [he is]
  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)(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, [or for] an offense under Section
  20A.03, Penal Code, 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.
               (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.  Subsection (a), Section 508.149, Government
  Code, as amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts
  of the 82nd Legislature, Regular Session, 2011, is reenacted and
  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;
               (17)  a first degree felony under Section 15.03, Penal
  Code;
               (18)  an offense under Section 43.05, Penal Code; [or]
               (19)  an offense under Section 20A.02, Penal Code;
               (20) [(18)]  an offense under Section 20A.03, Penal
  Code; or
               (21)  a first degree felony under Section 71.02 or
  71.023, Penal Code.
         SECTION 4.  (a)  This section shall be known as Chelsea's
  Law.
         (b)  Subsection (b), Section 71.02, Penal Code, is 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:
               (1)  life without parole, if the most serious offense
  is an aggravated sexual assault and if at the time of that offense
  the defendant is 18 years of age or older and:
                     (A)  the victim of the offense is younger than six
  years of age;
                     (B)  the victim of the offense is younger than 14
  years of age and the actor commits the offense in a manner described
  by Section 22.021(a)(2)(A); or
                     (C)  the victim of the offense is younger than 17
  years of age and suffered serious bodily injury as a result of the
  offense; or
               (2)  life or for any term of not more than 99 years or
  less than 15 years if the most serious offense is an offense
  punishable as a felony of the first degree, other than an offense
  described by Subdivision (1).
         SECTION 5.  Section 71.023, Penal Code, is amended to read as
  follows:
         Sec. 71.023.  DIRECTING ACTIVITIES OF [CERTAIN] CRIMINAL
  STREET GANGS.  (a)  A person commits an offense if the person, as
  part of the identifiable leadership of a criminal street gang,
  knowingly [initiates, organizes, plans,] finances, directs,
  [manages,] or supervises the commission of, or a conspiracy to
  commit, one or more of the following offenses by [a criminal street
  gang or] members of a criminal street gang:
               (1)  a felony offense that is listed in Section
  3g(a)(1), Article 42.12, Code of Criminal Procedure;
               (2)  a felony offense for which it is shown that a
  deadly weapon, as defined by Section 1.07, was used or exhibited
  during the commission of the offense or during immediate flight
  from the commission of the offense; or
               (3)  an offense that is punishable under Section
  481.112(e), 481.112(f), 481.1121(b)(4), 481.115(f), or
  481.120(b)(6), Health and Safety Code [with the intent to benefit,
  promote, or further the interests of the criminal street gang or to
  increase the person's standing, position, or status in the criminal
  street gang].
         (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.
         [(c)     Notwithstanding Section 71.01, in this section,
  "criminal street gang" means:
               [(1)  an organization that:
                     [(A)     has more than 10 members whose names are
  included in an intelligence database under Chapter 61, Code of
  Criminal Procedure;
                     [(B)     has a hierarchical structure that has been
  documented in an intelligence database under Chapter 61, Code of
  Criminal Procedure;
                     [(C)     engages in profit-sharing among two or more
  members of the organization; and
                     [(D)     in one or more regions of this state served
  by different regional councils of government, continuously or
  regularly engages in conduct:
                           [(i)     that constitutes an offense listed in
  Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
                           [(ii)     in which it is alleged that a deadly
  weapon is used or exhibited during the commission of or immediate
  flight from the commission of any felony offense; or
                           [(iii)     that is punishable as a felony of the
  first or second degree under Chapter 481, Health and Safety Code; or
               [(2)     an organization that, in collaboration with an
  organization described by Subdivision (1), engages in conduct or
  commits an offense or conspires to engage in conduct or commit an
  offense described by Subdivision (1)(D).]
         SECTION 6.  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 7.  To the extent of any conflict, this Act prevails
  over another Act of the 83rd Legislature, Regular Session, 2013,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 8.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 549 passed the Senate on
  April 24, 2013, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendments on May 25, 2013, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 549 passed the House, with
  amendments, on May 22, 2013, by the following vote: Yeas 146,
  Nays 2, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor