88(R) SB 23 - Senate Committee Report version - Bill Text

Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.

https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00023S.htm

 
 
  By: Huffman  S.B. No. 23
         (In the Senate - Filed March 9, 2023; March 9, 2023, read
  first time and referred to Committee on State Affairs;
  March 30, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 11, Nays 0; March 30, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 23 By:  Hughes
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to increasing the minimum term of imprisonment and
  changing the eligibility for community supervision and parole for
  certain felony offenses in which a firearm is used or exhibited and
  to certain consequences on conviction of certain offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
  by adding Section 12.502 to read as follows:
         Sec. 12.502.  PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED
  WITH FIREARM. (a) The minimum term of imprisonment for a first,
  second, or third degree felony listed in Article 42A.054(a), Code
  of Criminal Procedure, is increased to 10 years if an affirmative
  finding has been entered in the judgment in the case under Article
  42A.054(d), Code of Criminal Procedure.
         (b)  Subsection (a) does not apply to a felony offense for
  which the punishment otherwise required by law includes a minimum
  term of imprisonment that exceeds 10 years.
         SECTION 2.  Article 42.08, Code of Criminal Procedure, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  A judge sentencing a defendant convicted of an offense
  that was committed while on community supervision granted under
  Article 42A.055 and for which the minimum term of imprisonment was
  increased under Section 12.502, Penal Code, shall order the
  sentence for the offense to commence immediately on completion of
  the sentence for the offense for which the defendant was placed on
  community supervision.
         SECTION 3.  Article 42A.055, Code of Criminal Procedure, is
  amended by adding Subsection (c-1) to read as follows:
         (c-1)  If the jury recommends to the judge that the judge
  place the defendant on community supervision for an offense for
  which the minimum term of imprisonment for the offense is increased
  under Section 12.502, Penal Code, the judge shall place the
  defendant on community supervision for a period of 10 years.
         SECTION 4.  Article 42A.102(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  In all other cases, the judge may grant deferred
  adjudication community supervision unless:
               (1)  the defendant is charged with an offense:
                     (A)  under Section 20A.02, 20A.03, 49.045, 49.05,
  49.065, 49.07, or 49.08, Penal Code;
                     (B)  under Section 49.04 or 49.06, Penal Code,
  and, at the time of the offense:
                           (i)  the defendant held a commercial
  driver's license or a commercial learner's permit; or
                           (ii)  the defendant's alcohol concentration,
  as defined by Section 49.01, Penal Code, was 0.15 or more;
                     (C)  for which punishment may be increased under
  Section 49.09, Penal Code;
                     (D)  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; [or]
                     (E)  that is punishable as a first, second, or
  third degree felony listed in Article 42A.054(a), if the judge
  finds that a firearm was used or exhibited during the commission of
  the offense or during the immediate flight from the commission of
  the offense; or
                     (F)  under Section 481.1123, Health and Safety
  Code, that is punishable under Subsection (d), (e), or (f) of that
  section;
               (2)  the defendant:
                     (A)  is charged with an offense under Section
  21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
  the age of the victim, or a felony described by Article 42A.453(b),
  other than a felony described by Subdivision (1)(A) or (3)(B) of
  this subsection; and
                     (B)  has previously been placed on community
  supervision for an offense under Paragraph (A);
               (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; or
               (4)  the defendant is charged with an offense under
  Section 19.02, Penal Code, except that the judge may grant deferred
  adjudication community supervision on determining that the
  defendant did not cause the death of the deceased, did not intend to
  kill the deceased or another, and did not anticipate that a human
  life would be taken.
         SECTION 5.  Section 508.145(d)(2), Government Code, is
  amended to read as follows:
               (2)  An inmate described by Subdivision (1) 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:
                     (A)  10 calendar years, for an inmate serving a
  sentence for an offense for which the minimum term of imprisonment
  was increased under Section 12.502, Penal Code; or
                     (B)  two calendar years, for an inmate serving a
  sentence for any other offense to which this subsection applies.
         SECTION 6.  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 7.  This Act takes effect September 1, 2023.
 
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