By: Villalba H.B. No. 2541
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for certain family violence offenses and to
the eligibility of inmates convicted of certain family violence
offenses for release on parole or mandatory supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01, Penal Code, is amended by adding
Section 22.01(b-2) to read as follows:
(b-2) Notwithstanding Subsections (b) (2) and (b-1) of this
Section, an offense under Subsection (a)(1) is a felony of the
second degree if:
(1) the offense is committed against a person whose
relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code; and
(2) it is shown on the trial of the offense that the
defendant:
(A) has been previously convicted of an offense
under Subsection (b)(2)(A); or
(B) has been previously convicted two or more
times of an offense under this chapter, Chapter 19, or Section
20.03, 20.04, or 21.11 against a person whose relationship to or
association with the defendant is described by Section 71.0021(b),
71.003, or 71.005, Family Code.
SECTION 2. Article 42.013, Code of Criminal Procedure, is
amended to read as follows:
Article 42.013. FINDING OF FAMIL
Y VIOLENCE (a) In the trial
of an offense under Title 5, Penal Code, if the court determines
that the offense involved family violence, as defined by Section
71.004, Family Code, the court shall make an affirmative finding of
that fact and enter the affirmative finding in the judgment of the
case.
(b) If there is an affirmative finding under Subsection (a)
in the trial of an offense under Section 22.01(b-2), Penal Code, and
the defendant is granted community supervision, the court shall
order the defendant confined in the Texas Department of Criminal
Justice for not less than 2 years and not more than 20 years. At any
time after the defendant has served 2 years in the custody of the
department, the sentencing judge, on his own motion or on motion of
the defendant, may order the defendant released to community
supervision. The department shall release the defendant to
community supervision after he has served 20 years.
SECTION 3. Section 508.145, Government Code, is amended to
by amending Subsection (d)(1) to read as follows:
(d)(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 for an offense under Section 22.01(b-2),
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 4. This Act takes effect September 1, 2013.