83R10131 JRR-D
	By: Wu	H.B. No. 2842

	A BILL TO BE ENTITLED
	AN ACT
	relating to penalties for engaging in organized criminal activity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 4(a), 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 or 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.  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), 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.
	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.