Texas 2025 - 89th Regular

Texas House Bill HB1871 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R8815 JRR-F
2		-	By: Dyson, Wharton, Louderback, Wilson, Cook, H.B. No. 1871
3		-	et al.
	2	+	By: Dyson, Wharton, Louderback, Wilson H.B. No. 1871
4	3
5	4
6	5
7	6
8	7		A BILL TO BE ENTITLED
9	8		AN ACT
10	9		relating to the punishment for the criminal offense of attempted
11	10		capital murder of a peace officer; increasing a criminal penalty;
12	11		changing eligibility for parole and mandatory supervision.
13	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	13		SECTION 1. Section 15.01, Penal Code, is amended by
15	14		amending Subsection (d) and adding Subsection (e) to read as
16	15		follows:
17	16		(d) Except as provided by Subsection (e), an [An] offense
18	17		under this section is one category lower than the offense
19	18		attempted, and if the offense attempted is a state jail felony, the
20	19		offense is a Class A misdemeanor.
21	20		(e) If the offense attempted is capital murder of a peace
22	21		officer under Section 19.03(a)(1), the offense is a felony of the
23	22		first degree, punishable by imprisonment in the Texas Department of
24	23		Criminal Justice for life or for any term of not more than 99 years
25	24		or less than 25 years.
26	25		SECTION 2. Section 508.145(a), Government Code, is amended
27	26		to read as follows:
28	27		(a) An inmate is not eligible for release on parole if the
29	28		inmate is under sentence of death, serving a sentence of life
30	29		imprisonment without parole, or serving a sentence for any of the
31	30		following offenses under the Penal Code:
32	31		(1) Section 15.01, if the offense is punishable under
33	32		Subsection (e) of that section;
34	33		(2) Section 20A.03, if the offense is based partly or
35	34		wholly on conduct constituting an offense under Section
36	35		20A.02(a)(5), (6), (7), or (8);
37	36		(3) [(2)] Section 21.02;
38	37		(4) [(3)] Section 22.021, if the offense is punishable
39	38		under Subsection (f) of that section; or
40	39		(5) [(4)] Section 51.03 or 51.04.
41	40		SECTION 3. Section 508.145(d)(1), Government Code, is
42	41		amended to read as follows:
43	42		(d)(1) This subsection applies only to an inmate who is
44	43		serving a sentence for:
45	44		(A) an offense described by Article 42A.054(a),
46	45		Code of Criminal Procedure, other than an offense under Section
47	46		19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that
48	47		is described by Subsection (a)(2) [(a)(1)] or (c-1)(1);
49	48		(B) an offense for which the judgment contains an
50	49		affirmative finding under Article 42A.054(c) or (d), Code of
51	50		Criminal Procedure; or
52	51		(C) an offense under Section 71.02 or 71.023,
53	52		Penal Code.
54	53		SECTION 4. Section 508.149(a), Government Code, is amended
55	54		to read as follows:
56	55		(a) An inmate may not be released to mandatory supervision
57	56		if the inmate is serving a sentence for or has been previously
58	57		convicted of:
59	58		(1) an offense for which the judgment contains an
60	59		affirmative finding under Article 42A.054(c) or (d), Code of
61	60		Criminal Procedure;
62	61		(2) a first degree felony or a second degree felony
63	62		under Section 19.02, Penal Code;
64	63		(3) a capital felony under Section 19.03, Penal Code;
65	64		(4) a first degree felony or a second degree felony
66	65		under Section 20.04, Penal Code;
67	66		(5) an offense under Section 21.11, Penal Code;
68	67		(6) a felony under Section 22.011, Penal Code;
69	68		(7) a first degree felony or a second degree felony
70	69		under Section 22.02, Penal Code;
71	70		(8) a first degree felony under Section 22.021, Penal
72	71		Code;
73	72		(9) a first degree felony under Section 22.04, Penal
74	73		Code;
75	74		(10) a first degree felony under Section 28.02, Penal
76	75		Code;
77	76		(11) a second degree felony under Section 29.02, Penal
78	77		Code;
79	78		(12) a first degree felony under Section 29.03, Penal
80	79		Code;
81	80		(13) a first degree felony under Section 30.02, Penal
82	81		Code;
83	82		(14) a felony for which the punishment is increased
84	83		under Section 481.134 or 481.140, Health and Safety Code;
85	84		(15) an offense under Section 43.25, Penal Code;
86	85		(16) an offense under Section 21.02, Penal Code;
87	86		(17) a first degree felony under Section 15.03, Penal
88	87		Code;
89	88		(18) an offense under Section 43.05, Penal Code;
90	89		(19) an offense under Section 20A.02, Penal Code;
91	90		(20) an offense under Section 20A.03, Penal Code;
92	91		(21) a first degree felony under Section 71.02 or
93	92		71.023, Penal Code;
94	93		(22) an offense under Section 481.1123, Health and
95	94		Safety Code, punished under Subsection (d), (e), or (f) of that
96	95		section;
97	96		(23) a second degree felony under Section 22.01, Penal
98	97		Code; [or]
99	98		(24) an offense under Section 22.01, Penal Code,
100	99		punished under Subsection (b)(2), (7), or (8) of that section; or
101	100		(25) an offense under Section 15.01, Penal Code,
102	101		punished under Subsection (e) of that section.
103	102		SECTION 5. The change in law made by this Act applies only
104	103		to an offense committed on or after the effective date of this Act.
105	104		An offense committed before the effective date of this Act is
106	105		governed by the law in effect on the date the offense was committed,
107	106		and the former law is continued in effect for that purpose. For
108	107		purposes of this section, an offense was committed before the
109	108		effective date of this Act if any element of the offense was
110	109		committed before that date.
111	110		SECTION 6. This Act takes effect September 1, 2025.