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.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 23 | By: Hughes |
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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; [ |
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(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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