88R5590 CJD-D
By: Leach H.B. No. 1742
A BILL TO BE ENTITLED
AN ACT
relating to increasing the minimum term of imprisonment and
changing the eligibility for community supervision, mandatory
supervision, and parole for persons convicted of intoxication
manslaughter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Lauren and CJ's Law.
SECTION 2. Section 49.08(b), Penal Code, is amended to read
as follows:
(b) Except as provided by Section 49.09, an offense under
this section is a felony of the second degree with a minimum term of
imprisonment of five years.
SECTION 3. Article 42A.401, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) A judge granting community supervision to a defendant
convicted of an offense under Chapter 49, Penal Code, shall require
as a condition of community supervision that the defendant submit
to:
(1) not less than 72 hours of continuous confinement
in county jail if the defendant was punished under Section
49.09(a), Penal Code;
(2) not less than five days of confinement in county
jail if the defendant was punished under Section 49.09(a), Penal
Code, and was subject to Section 49.09(h), Penal Code;
(3) not less than 10 days of confinement in county jail
if the defendant was punished under Section 49.09(b), Penal Code;
(4) not less than 30 days of confinement in county jail
if the defendant was convicted of an offense under Section 49.07,
Penal Code; or
(5) subject to Subsection (c), a term of imprisonment
in the Texas Department of Criminal Justice [confinement] of not
less than five years [120 days] if the defendant was convicted of an
offense under Section 49.08, Penal Code.
(c) A judge granting community supervision to a defendant
who was convicted of an offense under Section 49.08, Penal Code, may
reduce the minimum term of imprisonment required under Subsection
(a)(5) to a minimum term of imprisonment of not less than two years
if the judge:
(1) makes a finding that the best interest of the
community would be served and the public would not be harmed by the
reduction; and
(2) enters that finding on the record.
SECTION 4. Section 508.145, Government Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) An inmate serving a sentence under Section 49.08,
Penal Code, is not eligible for release on parole until the actual
calendar time served, without consideration of good conduct time,
equals five years.
SECTION 5. Section 508.147, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1) and Section
508.149, a parole panel shall order the release of an inmate who is
not on parole to mandatory supervision when the actual calendar
time the inmate has served plus any accrued good conduct time equals
the term to which the inmate was sentenced.
(a-1) An inmate serving a sentence under Section 49.08,
Penal Code, may not be released to mandatory supervision unless:
(1) the inmate's actual calendar time served, without
consideration of good conduct time, equals at least five years; and
(2) the inmate is otherwise eligible for release under
Subsection (a).
SECTION 6. The changes in law made by this Act apply 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 7. This Act takes effect September 1, 2023.