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  S.B. No. 727
 
 
 
 
AN ACT
  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); [or]
                     (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), [or] (K), or (N), 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, 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