Texas 2021 - 87th Regular

Texas House Bill HB3598 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R4689 MCF-D
1	2		By: Leach, Rodriguez H.B. No. 3598
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to increasing the minimum term of imprisonment and
7	8		changing the eligibility for community supervision, mandatory
8	9		supervision, and parole for persons convicted of intoxication
9	10		manslaughter.
10	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11		-	SECTION 1. This Act may be cited as Lauren and CJ's Law.
12		-	SECTION 2. Section 49.08(b), Penal Code, is amended to read
	12	+	SECTION 1. Section 49.08(b), Penal Code, is amended to read
13	13		as follows:
14	14		(b) Except as provided by Section 49.09, an offense under
15	15		this section is a felony of the second degree with a minimum term of
16	16		imprisonment of five years.
17		-	SECTION 3. Article 42A.401, Code of Criminal Procedure, is
	17	+	SECTION 2. Article 42A.401, Code of Criminal Procedure, is
18	18		amended by amending Subsection (a) and adding Subsection (c) to
19	19		read as follows:
20	20		(a) A judge granting community supervision to a defendant
21	21		convicted of an offense under Chapter 49, Penal Code, shall require
22	22		as a condition of community supervision that the defendant submit
23	23		to:
24	24		(1) not less than 72 hours of continuous confinement
25	25		in county jail if the defendant was punished under Section
26	26		49.09(a), Penal Code;
27	27		(2) not less than five days of confinement in county
28	28		jail if the defendant was punished under Section 49.09(a), Penal
29	29		Code, and was subject to Section 49.09(h), Penal Code;
30	30		(3) not less than 10 days of confinement in county jail
31	31		if the defendant was punished under Section 49.09(b), Penal Code;
32	32		(4) not less than 30 days of confinement in county jail
33	33		if the defendant was convicted of an offense under Section 49.07,
34	34		Penal Code; or
35	35		(5) subject to Subsection (c), a term of imprisonment
36	36		in the Texas Department of Criminal Justice [confinement] of not
37	37		less than five years [120 days] if the defendant was convicted of an
38	38		offense under Section 49.08, Penal Code.
39	39		(c) A judge granting community supervision to a defendant
40	40		who was convicted of an offense under Section 49.08, Penal Code, may
41	41		reduce the minimum term of imprisonment required under Subsection
42	42		(a)(5) to a minimum term of imprisonment of not less than two years
43	43		if the judge:
44	44		(1) makes a finding that the best interest of the
45	45		community would be served and the public would not be harmed by the
46	46		reduction; and
47	47		(2) enters that finding on the record.
48		-	SECTION 4. Section 508.145, Government Code, is amended by
	48	+	SECTION 3. Section 508.145, Government Code, is amended by
49	49		adding Subsection (e-1) to read as follows:
50	50		(e-1) An inmate serving a sentence under Section 49.08,
51	51		Penal Code, is not eligible for release on parole until the actual
52	52		calendar time served, without consideration of good conduct time,
53	53		equals five years.
54		-	SECTION 5. Section 508.147, Government Code, is amended by
	54	+	SECTION 4. Section 508.147, Government Code, is amended by
55	55		amending Subsection (a) and adding Subsection (a-1) to read as
56	56		follows:
57	57		(a) Except as provided by Subsection (a-1) and Section
58	58		508.149, a parole panel shall order the release of an inmate who is
59	59		not on parole to mandatory supervision when the actual calendar
60	60		time the inmate has served plus any accrued good conduct time equals
61	61		the term to which the inmate was sentenced.
62	62		(a-1) An inmate serving a sentence under Section 49.08,
63	63		Penal Code, may not be released to mandatory supervision unless:
64	64		(1) the inmate's actual calendar time served, without
65	65		consideration of good conduct time, equals at least five years; and
66	66		(2) the inmate is otherwise eligible for release under
67	67		Subsection (a).
68		-	SECTION 6. The changes in law made by this Act apply only to
	68	+	SECTION 5. The changes in law made by this Act apply only to
69	69		an offense committed on or after the effective date of this Act. An
70	70		offense committed before the effective date of this Act is governed
71	71		by the law in effect on the date the offense was committed, and the
72	72		former law is continued in effect for that purpose. For purposes of
73	73		this section, an offense was committed before the effective date of
74	74		this Act if any element of the offense occurred before that date.
75		-	SECTION 7. This Act takes effect September 1, 2021.
	75	+	SECTION 6. This Act takes effect September 1, 2021.