88R15749 EAS-D
By: Huffman S.B. No. 23
A BILL TO BE ENTITLED
AN ACT
relating to increasing the minimum term of imprisonment and
changing the eligibility for community supervision and parole for
certain felony offenses in which a firearm is used or exhibited.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.502 to read as follows:
Sec. 12.502. PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED
WITH FIREARM. (a) The minimum term of imprisonment for a first,
second, or third degree felony listed in Article 42A.054(a), Code
of Criminal Procedure, is increased to 10 years if an affirmative
finding has been entered in the judgment in the case under Article
42A.054(d), Code of Criminal Procedure.
(b) Subsection (a) does not apply to a felony offense for
which the punishment otherwise required by law includes a minimum
term of imprisonment that exceeds 10 years.
SECTION 2. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section 21.11,
22.011, or 22.021, Penal Code, if the victim of the offense was
younger than 14 years of age at the time the offense was committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
20A.03, 43.04, 43.05, or 43.25, Penal Code;
(7) is convicted of an offense for which the minimum
term of imprisonment has been increased under Section 12.502, Penal
Code;
(8) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections; or
(9) [(8)] is convicted of an offense under Section
481.1123, Health and Safety Code, if the offense is punishable
under Subsection (d), (e), or (f) of that section.
SECTION 3. Article 42A.102(b), Code of Criminal Procedure,
is amended to read as follows:
(b) In all other cases, the judge may grant deferred
adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Section 20A.02, 20A.03, 49.045, 49.05,
49.065, 49.07, or 49.08, Penal Code;
(B) under Section 49.04 or 49.06, Penal Code,
and, at the time of the offense:
(i) the defendant held a commercial
driver's license or a commercial learner's permit; or
(ii) the defendant's alcohol concentration,
as defined by Section 49.01, Penal Code, was 0.15 or more;
(C) for which punishment may be increased under
Section 49.09, Penal Code;
(D) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections; [or]
(E) that is punishable as a first, second, or
third degree felony, if the judge finds that a firearm was used or
exhibited during the commission of the offense or during the
immediate flight from the commission of the offense; or
(F) under Section 481.1123, Health and Safety
Code, that is punishable under Subsection (d), (e), or (f) of that
section;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
the age of the victim, or a felony described by Article 42A.453(b),
other than a felony described by Subdivision (1)(A) or (3)(B) of
this subsection; and
(B) has previously been placed on community
supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code; or
(4) the defendant is charged with an offense under
Section 19.02, Penal Code, except that the judge may grant deferred
adjudication community supervision on determining that the
defendant did not cause the death of the deceased, did not intend to
kill the deceased or another, and did not anticipate that a human
life would be taken.
SECTION 4. Section 508.145(d)(2), Government Code, is
amended to read as follows:
(2) An inmate described by Subdivision (1) 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:
(A) 10 calendar years, for an inmate serving a
sentence for an offense for which the minimum term of imprisonment
has been increased under Section 12.502, Penal Code; or
(B) two calendar years, for an inmate serving a
sentence for any other offense to which this subsection applies.
SECTION 5. 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 6. This Act takes effect September 1, 2023.