By: Pitts, Price H.B. No. 517
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of inmates convicted of certain
intoxication offenses for release on parole or mandatory
supervision and to a biennial study regarding driving while
intoxicated prevention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 423 to read as follows:
CHAPTER 423. DRIVING WHILE INTOXICATED PREVENTION
Sec. 423.001. DEFINITION. In this chapter, "offense
relating to the operating of a motor vehicle while intoxicated" has
the meaning assigned by Section 49.09(c), Penal Code.
Sec. 423.002. STUDIES. (a) The office of the governor
shall conduct a biennial study on driving while intoxicated in this
state that monitors and analyzes:
(1) the efficacy of restrictions on eligibility for
release on parole or to mandatory supervision for persons convicted
of certain intoxication offenses in deterring or preventing future
intoxication offenses, including the provisions of Sections
508.145(d)(1) and 508.149(a), as amended by Chapters 1 (S.B. 24)
and 122 (H.B. 3000), Acts of the 82nd Legislature, Regular Session,
2011;
(2) driving while intoxicated data collected in this
state, including data relating to:
(A) driving fatalities involving intoxicated
drivers;
(B) automatic driver's license suspensions by
the Department of Public Safety for convictions of an offense
relating to the operating of a motor vehicle while intoxicated; and
(C) the number of intoxication offenses
resulting in a sentence of 25 years or more for an offense under
Chapter 49, Penal Code;
(3) the laws and programs of other states that have
been successful in reducing the occurrence of offenses relating to
the operating of a motor vehicle while intoxicated, including
sentencing of intoxication offenses; and
(4) the impact on public safety of repeat and habitual
offenders and intoxication offenses causing serious bodily injury
or death, including the sentencing of intoxication offenses.
(b) Based on the studies conducted under Subsection (a), the
office of the governor shall collaborate with the Texas Department
of Transportation, the Department of Public Safety, and the
Department of State Health Services to reduce alcoholism and
recidivism and the number of driving while intoxicated offenses
committed in this state, including repeat and habitual offenses and
offenses causing serious bodily injury or death.
(c) Not later than January 1 of each odd-numbered year, the
office of the governor shall submit a report to the legislature
that:
(1) describes the total number of sentences imposed of
25 years or more for an offense under Chapter 49, Penal Code;
(2) describes the success of state laws and programs
in reducing the occurrence of offenses relating to the operating of
a motor vehicle while intoxicated;
(3) analyzes the efficacy of restrictions on
eligibility for release on parole or to mandatory supervision for
persons convicted of certain intoxication offenses in deterring or
preventing future intoxication offenses; and
(4) recommends legislation relating to the prevention
of those offenses in this state, including repeat and habitual
offenses and offenses causing serious bodily injury or death.
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 serving a sentence of 25 years or
more for an offense under Chapter 49, 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;
(17-a) an offense under Chapter 49, Penal Code, for
which the inmate received a sentence of 25 years or more;
(18) an offense under Section 43.05, Penal Code; [or]
(19) an offense under Section 20A.02, Penal Code; or
(20) [(18)] an offense under Section 20A.03, Penal
Code.
SECTION 4. 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 5. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2013.