Texas 2015 - 84th Regular

Texas House Bill HB1245 Compare Versions

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1	1	84R6269 JSC-F
2	2	By: Wray H.B. No. 1245
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to changing the eligibility of inmates convicted of
8	8	certain intoxication offenses for release on parole or mandatory
9	9	supervision and to a biennial study regarding prevention of
10	10	intoxication offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 4, Government Code, is amended
13	13	by adding Chapter 424 to read as follows:
14	14	CHAPTER 424. PREVENTION OF INTOXICATION OFFENSES
15	15	Sec. 424.001. DEFINITIONS. In this chapter:
16	16	(1) "Intoxication offense" means an offense under
17	17	Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal
18	18	Code.
19	19	(2) "Offense relating to the operating of a motor
20	20	vehicle while intoxicated" has the meaning assigned by Section
21	21	49.09(c), Penal Code.
22	22	Sec. 424.002. STUDIES. (a) The office of the governor
23	23	shall conduct a biennial study on intoxication offenses in this
24	24	state that monitors and analyzes:
25	25	(1) the efficacy of restrictions on eligibility for
26	26	release on parole or to mandatory supervision for persons convicted
27	27	of certain intoxication offenses in deterring or preventing future
28	28	intoxication offenses, including the provisions of Sections
29	29	508.145(d)(1) and 508.149(a);
30	30	(2) data collected in this state on offenses relating
31	31	to the operating of a motor vehicle while intoxicated, including:
32	32	(A) motor vehicle accident fatalities involving
33	33	intoxicated drivers;
34	34	(B) automatic driver's license suspensions by
35	35	the Department of Public Safety for convictions of an offense
36	36	relating to the operating of a motor vehicle while intoxicated; and
37	37	(C) the number of intoxication offenses
38	38	resulting in a sentence of 25 years or more;
39	39	(3) the laws and programs of other states that have
40	40	been successful in reducing the occurrence of offenses relating to
41	41	the operating of a motor vehicle while intoxicated, including
42	42	sentencing of intoxication offenses; and
43	43	(4) the impact on public safety of:
44	44	(A) repeat and habitual offenders; and
45	45	(B) intoxication offenses causing serious bodily
46	46	injury or death.
47	47	(b) Based on the studies conducted under Subsection (a), the
48	48	office of the governor shall collaborate with the Texas Department
49	49	of Transportation, the Department of Public Safety, and the
50	50	Department of State Health Services to reduce alcoholism and
51	51	recidivism and the number of driving while intoxicated offenses
52	52	committed in this state, including repeat and habitual offenses and
53	53	offenses causing serious bodily injury or death.
54	54	(c) Not later than January 1 of each odd-numbered year, the
55	55	office of the governor shall submit a report to the legislature
56	56	that:
57	57	(1) describes the total number of sentences imposed of
58	58	25 years or more for an intoxication offense;
59	59	(2) describes the success of state laws and programs
60	60	in reducing the occurrence of offenses relating to the operating of
61	61	a motor vehicle while intoxicated;
62	62	(3) analyzes the efficacy of restrictions on
63	63	eligibility for release on parole or to mandatory supervision for
64	64	persons convicted of certain intoxication offenses in deterring or
65	65	preventing future intoxication offenses; and
66	66	(4) recommends legislation relating to the prevention
67	67	of intoxication offenses in this state, including repeat and
68	68	habitual offenses and offenses causing serious bodily injury or
69	69	death.
70	70	SECTION 2. Section 508.145(d)(1), Government Code, is
71	71	amended to read as follows:
72	72	(1) An inmate serving a sentence for an offense
73	73	described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H),
74	74	(I), (J), (K), (L), (M), or (N), Article 42.12, Code of Criminal
75	75	Procedure, an offense for which the judgment contains an
76	76	affirmative finding under Section 3g(a)(2) of that article, an
77	77	offense under Section 20A.03, Penal Code, or an offense under
78	78	Section 71.02 or 71.023, Penal Code, or serving a sentence of 25
79	79	years or more for an offense under Chapter 49, Penal Code, is not
80	80	eligible for release on parole until the inmate's actual calendar
81	81	time served, without consideration of good conduct time, equals
82	82	one-half of the sentence or 30 calendar years, whichever is less,
83	83	but in no event is the inmate eligible for release on parole in less
84	84	than two calendar years.
85	85	SECTION 3. Section 508.149(a), Government Code, is amended
86	86	to read as follows:
87	87	(a) An inmate may not be released to mandatory supervision
88	88	if the inmate is serving a sentence for or has been previously
89	89	convicted of:
90	90	(1) an offense for which the judgment contains an
91	91	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
92	92	Criminal Procedure;
93	93	(2) a first degree felony or a second degree felony
94	94	under Section 19.02, Penal Code;
95	95	(3) a capital felony under Section 19.03, Penal Code;
96	96	(4) a first degree felony or a second degree felony
97	97	under Section 20.04, Penal Code;
98	98	(5) an offense under Section 21.11, Penal Code;
99	99	(6) a felony under Section 22.011, Penal Code;
100	100	(7) a first degree felony or a second degree felony
101	101	under Section 22.02, Penal Code;
102	102	(8) a first degree felony under Section 22.021, Penal
103	103	Code;
104	104	(9) a first degree felony under Section 22.04, Penal
105	105	Code;
106	106	(10) a first degree felony under Section 28.02, Penal
107	107	Code;
108	108	(11) a second degree felony under Section 29.02, Penal
109	109	Code;
110	110	(12) a first degree felony under Section 29.03, Penal
111	111	Code;
112	112	(13) a first degree felony under Section 30.02, Penal
113	113	Code;
114	114	(14) a felony for which the punishment is increased
115	115	under Section 481.134 or Section 481.140, Health and Safety Code;
116	116	(15) an offense under Section 43.25, Penal Code;
117	117	(16) an offense under Section 21.02, Penal Code;
118	118	(17) a first degree felony under Section 15.03, Penal
119	119	Code;
120	120	(18) an offense under Section 43.05, Penal Code;
121	121	(19) an offense under Section 20A.02, Penal Code;
122	122	(20) an offense under Section 20A.03, Penal Code; [or]
123	123	(21) a first degree felony under Section 71.02 or
124	124	71.023, Penal Code; or
125	125	(22) an offense under Chapter 49, Penal Code, for
126	126	which the inmate received a sentence of 25 years or more.
127	127	SECTION 4. The change in law made by this Act applies only
128	128	to an offense committed on or after the effective date of this Act.
129	129	An offense committed before the effective date of this Act is
130	130	governed by the law in effect on the date the offense was committed,
131	131	and the former law is continued in effect for that purpose. For
132	132	purposes of this section, an offense was committed before the
133	133	effective date of this Act if any element of the offense occurred
134	134	before that date.
135	135	SECTION 5. This Act takes effect September 1, 2015.