83R22558 JRR-F
	By: Wu	H.B. No. 2842
	Substitute the following for H.B. No. 2842:
	By:  Herrero	C.S.H.B. No. 2842

	A BILL TO BE ENTITLED
	AN ACT
	relating to the eligibility of certain persons convicted of
	engaging in organized criminal activity for community supervision
	or release on parole or to mandatory supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 3g(a), 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 71.02, Penal Code (Engaging in
	organized criminal activity), if:
	(i)  the offense is punishable as a felony of
	the first degree; or
	(ii)  the predicate offense committed or
	conspired to be committed is listed in this subsection; or
	(O)  Section 71.023, Penal Code (Directing
	activities of certain criminal street gangs); 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.  Section 508.145(d)(1), 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), (N), or (O), 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.  Section 508.149(a), 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.  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 5.  This Act takes effect September 1, 2013.