83R17058 JSC-F
By: Pitts H.B. No. 517
Substitute the following for H.B. No. 517:
By: White C.S.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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. 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 4. 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 5. This Act takes effect September 1, 2013.