| 1 | 1 | | 88R5590 CJD-D |
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| 2 | 2 | | By: Leach H.B. No. 1742 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to increasing the minimum term of imprisonment and |
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| 8 | 8 | | changing the eligibility for community supervision, mandatory |
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| 9 | 9 | | supervision, and parole for persons convicted of intoxication |
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| 10 | 10 | | manslaughter. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. This Act may be cited as Lauren and CJ's Law. |
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| 13 | 13 | | SECTION 2. Section 49.08(b), Penal Code, is amended to read |
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| 14 | 14 | | as follows: |
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| 15 | 15 | | (b) Except as provided by Section 49.09, an offense under |
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| 16 | 16 | | this section is a felony of the second degree with a minimum term of |
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| 17 | 17 | | imprisonment of five years. |
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| 18 | 18 | | SECTION 3. Article 42A.401, Code of Criminal Procedure, is |
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| 19 | 19 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 20 | 20 | | read as follows: |
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| 21 | 21 | | (a) A judge granting community supervision to a defendant |
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| 22 | 22 | | convicted of an offense under Chapter 49, Penal Code, shall require |
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| 23 | 23 | | as a condition of community supervision that the defendant submit |
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| 24 | 24 | | to: |
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| 25 | 25 | | (1) not less than 72 hours of continuous confinement |
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| 26 | 26 | | in county jail if the defendant was punished under Section |
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| 27 | 27 | | 49.09(a), Penal Code; |
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| 28 | 28 | | (2) not less than five days of confinement in county |
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| 29 | 29 | | jail if the defendant was punished under Section 49.09(a), Penal |
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| 30 | 30 | | Code, and was subject to Section 49.09(h), Penal Code; |
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| 31 | 31 | | (3) not less than 10 days of confinement in county jail |
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| 32 | 32 | | if the defendant was punished under Section 49.09(b), Penal Code; |
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| 33 | 33 | | (4) not less than 30 days of confinement in county jail |
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| 34 | 34 | | if the defendant was convicted of an offense under Section 49.07, |
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| 35 | 35 | | Penal Code; or |
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| 36 | 36 | | (5) subject to Subsection (c), a term of imprisonment |
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| 37 | 37 | | in the Texas Department of Criminal Justice [confinement] of not |
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| 38 | 38 | | less than five years [120 days] if the defendant was convicted of an |
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| 39 | 39 | | offense under Section 49.08, Penal Code. |
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| 40 | 40 | | (c) A judge granting community supervision to a defendant |
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| 41 | 41 | | who was convicted of an offense under Section 49.08, Penal Code, may |
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| 42 | 42 | | reduce the minimum term of imprisonment required under Subsection |
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| 43 | 43 | | (a)(5) to a minimum term of imprisonment of not less than two years |
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| 44 | 44 | | if the judge: |
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| 45 | 45 | | (1) makes a finding that the best interest of the |
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| 46 | 46 | | community would be served and the public would not be harmed by the |
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| 47 | 47 | | reduction; and |
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| 48 | 48 | | (2) enters that finding on the record. |
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| 49 | 49 | | SECTION 4. Section 508.145, Government Code, is amended by |
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| 50 | 50 | | adding Subsection (e-1) to read as follows: |
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| 51 | 51 | | (e-1) An inmate serving a sentence under Section 49.08, |
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| 52 | 52 | | Penal Code, is not eligible for release on parole until the actual |
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| 53 | 53 | | calendar time served, without consideration of good conduct time, |
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| 54 | 54 | | equals five years. |
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| 55 | 55 | | SECTION 5. Section 508.147, Government Code, is amended by |
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| 56 | 56 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 57 | 57 | | follows: |
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| 58 | 58 | | (a) Except as provided by Subsection (a-1) and Section |
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| 59 | 59 | | 508.149, a parole panel shall order the release of an inmate who is |
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| 60 | 60 | | not on parole to mandatory supervision when the actual calendar |
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| 61 | 61 | | time the inmate has served plus any accrued good conduct time equals |
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| 62 | 62 | | the term to which the inmate was sentenced. |
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| 63 | 63 | | (a-1) An inmate serving a sentence under Section 49.08, |
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| 64 | 64 | | Penal Code, may not be released to mandatory supervision unless: |
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| 65 | 65 | | (1) the inmate's actual calendar time served, without |
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| 66 | 66 | | consideration of good conduct time, equals at least five years; and |
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| 67 | 67 | | (2) the inmate is otherwise eligible for release under |
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| 68 | 68 | | Subsection (a). |
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| 69 | 69 | | SECTION 6. The changes in law made by this Act apply only to |
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| 70 | 70 | | an offense committed on or after the effective date of this Act. An |
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| 71 | 71 | | offense committed before the effective date of this Act is governed |
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| 72 | 72 | | by the law in effect on the date the offense was committed, and the |
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| 73 | 73 | | former law is continued in effect for that purpose. For purposes of |
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| 74 | 74 | | this section, an offense was committed before the effective date of |
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| 75 | 75 | | this Act if any element of the offense occurred before that date. |
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| 76 | 76 | | SECTION 7. This Act takes effect September 1, 2023. |
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