Texas 2023 - 88th Regular

Texas Senate Bill SB23 Compare Versions

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1	1	By: Huffman, Parker S.B. No. 23
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to increasing the minimum term of imprisonment and
7	7	changing the eligibility for community supervision and parole for
8	8	certain felony offenses in which a firearm is used or exhibited and
9	9	to certain consequences on conviction of certain offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
12	12	by adding Section 12.502 to read as follows:
13	13	Sec. 12.502. PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED
14	14	WITH FIREARM. (a) The minimum term of imprisonment for a first,
15	15	second, or third degree felony listed in Article 42A.054(a), Code
16	16	of Criminal Procedure, is increased to 10 years if an affirmative
17	17	finding has been entered in the judgment in the case under Article
18	18	42A.054(d), Code of Criminal Procedure.
19	19	(b) Subsection (a) does not apply to a felony offense for
20	20	which the punishment otherwise required by law includes a minimum
21	21	term of imprisonment that exceeds 10 years.
22	22	SECTION 2. Article 42.08, Code of Criminal Procedure, is
23	23	amended by adding Subsection (b-1) to read as follows:
24	24	(b-1) A judge sentencing a defendant convicted of an offense
25	25	that was committed while on community supervision granted under
26	26	Article 42A.055 and for which the minimum term of imprisonment was
27	27	increased under Section 12.502, Penal Code, shall order the
28	28	sentence for the offense to commence immediately on completion of
29	29	the sentence for the offense for which the defendant was placed on
30	30	community supervision.
31	31	SECTION 3. Article 42A.055, Code of Criminal Procedure, is
32	32	amended by adding Subsection (c-1) to read as follows:
33	33	(c-1) If the jury recommends to the judge that the judge
34	34	place the defendant on community supervision for an offense for
35	35	which the minimum term of imprisonment for the offense is increased
36	36	under Section 12.502, Penal Code, the judge shall place the
37	37	defendant on community supervision for a period of 10 years.
38	38	SECTION 4. Article 42A.102(b), Code of Criminal Procedure,
39	39	is amended to read as follows:
40	40	(b) In all other cases, the judge may grant deferred
41	41	adjudication community supervision unless:
42	42	(1) the defendant is charged with an offense:
43	43	(A) under Section 20A.02, 20A.03, 49.045, 49.05,
44	44	49.065, 49.07, or 49.08, Penal Code;
45	45	(B) under Section 49.04 or 49.06, Penal Code,
46	46	and, at the time of the offense:
47	47	(i) the defendant held a commercial
48	48	driver's license or a commercial learner's permit; or
49	49	(ii) the defendant's alcohol concentration,
50	50	as defined by Section 49.01, Penal Code, was 0.15 or more;
51	51	(C) for which punishment may be increased under
52	52	Section 49.09, Penal Code;
53	53	(D) for which punishment may be increased under
54	54	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
55	55	is shown that the defendant has been previously convicted of an
56	56	offense for which punishment was increased under any one of those
57	57	subsections; [or]
58	58	(E) that is punishable as a first, second, or
59	59	third degree felony listed in Article 42A.054(a), if the judge
60	60	finds that a firearm was used or exhibited during the commission of
61	61	the offense or during the immediate flight from the commission of
62	62	the offense; or
63	63	(F) under Section 481.1123, Health and Safety
64	64	Code, that is punishable under Subsection (d), (e), or (f) of that
65	65	section;
66	66	(2) the defendant:
67	67	(A) is charged with an offense under Section
68	68	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
69	69	the age of the victim, or a felony described by Article 42A.453(b),
70	70	other than a felony described by Subdivision (1)(A) or (3)(B) of
71	71	this subsection; and
72	72	(B) has previously been placed on community
73	73	supervision for an offense under Paragraph (A);
74	74	(3) the defendant is charged with an offense under:
75	75	(A) Section 21.02, Penal Code; or
76	76	(B) Section 22.021, Penal Code, that is
77	77	punishable under Subsection (f) of that section or under Section
78	78	12.42(c)(3) or (4), Penal Code; or
79	79	(4) the defendant is charged with an offense under
80	80	Section 19.02, Penal Code, except that the judge may grant deferred
81	81	adjudication community supervision on determining that the
82	82	defendant did not cause the death of the deceased, did not intend to
83	83	kill the deceased or another, and did not anticipate that a human
84	84	life would be taken.
85	85	SECTION 5. Section 508.145(d)(2), Government Code, is
86	86	amended to read as follows:
87	87	(2) An inmate described by Subdivision (1) is not
88	88	eligible for release on parole until the inmate's actual calendar
89	89	time served, without consideration of good conduct time, equals
90	90	one-half of the sentence or 30 calendar years, whichever is less,
91	91	but in no event is the inmate eligible for release on parole in less
92	92	than:
93	93	(A) 10 calendar years, for an inmate serving a
94	94	sentence for an offense for which the minimum term of imprisonment
95	95	was increased under Section 12.502, Penal Code; or
96	96	(B) two calendar years, for an inmate serving a
97	97	sentence for any other offense to which this subsection applies.
98	98	SECTION 6. The change in law made by this Act applies only
99	99	to an offense committed on or after the effective date of this Act.
100	100	An offense committed before the effective date of this Act is
101	101	governed by the law in effect on the date the offense was committed,
102	102	and the former law is continued in effect for that purpose. For
103	103	purposes of this section, an offense was committed before the
104	104	effective date of this Act if any element of the offense occurred
105	105	before that date.
106	106	SECTION 7. This Act takes effect September 1, 2023.