Texas 2025 - 89th Regular

Texas House Bill HB5170 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6366 EAS-D
2	2	By: Louderback H.B. No. 5170
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to increasing the minimum term of imprisonment and
10	10	changing the eligibility for community supervision and parole for
11	11	certain felony offenses in which a firearm is used or exhibited and
12	12	to certain consequences on conviction of certain offenses.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
15	15	by adding Section 12.503 to read as follows:
16	16	Sec. 12.503. PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED
17	17	WITH FIREARM. (a) The minimum term of imprisonment for a second or
18	18	third degree felony listed in Article 42A.054(a), Code of Criminal
19	19	Procedure, is increased to five years if an affirmative finding has
20	20	been entered in the judgment in the case under Article 42A.054(d),
21	21	Code of Criminal Procedure.
22	22	(b) Subsection (a) does not apply to a felony offense for
23	23	which the punishment otherwise required by law includes a minimum
24	24	term of imprisonment of five years or more.
25	25	SECTION 2. Article 42.08, Code of Criminal Procedure, is
26	26	amended by adding Subsection (b-2) to read as follows:
27	27	(b-2) This subsection applies only to a felony listed in
28	28	Article 42A.054(a) for which the minimum term of punishment is or
29	29	has been increased to five years or more. A judge sentencing a
30	30	defendant convicted of an offense to which this subsection applies
31	31	that was committed while on community supervision granted under
32	32	Article 42A.055 shall order the sentence for the offense to
33	33	commence immediately on completion of the sentence for the offense
34	34	for which the defendant was placed on community supervision, if an
35	35	affirmative finding has been entered in the judgment of the case
36	36	under Article 42A.054(d).
37	37	SECTION 3. Article 42A.055, Code of Criminal Procedure, is
38	38	amended by adding Subsection (c-1) to read as follows:
39	39	(c-1) Notwithstanding Subsection (c), if the jury
40	40	recommends to the judge that the judge place the defendant on
41	41	community supervision for an offense for which the minimum term of
42	42	imprisonment for the offense is increased under Section 12.503,
43	43	Penal Code, the judge shall place the defendant on community
44	44	supervision for a minimum period of five years, with the maximum
45	45	period to be determined as provided by Article 42A.053(d)(2).
46	46	SECTION 4. Article 42A.102(b), Code of Criminal Procedure,
47	47	is amended to read as follows:
48	48	(b) In all other cases, the judge may grant deferred
49	49	adjudication community supervision unless:
50	50	(1) the defendant is charged with an offense:
51	51	(A) under Section 20A.02, 20A.03, 49.045, 49.05,
52	52	49.061, 49.065, 49.07, or 49.08, Penal Code;
53	53	(B) under Section 49.04 or 49.06, Penal Code,
54	54	and, at the time of the offense:
55	55	(i) the defendant held a commercial
56	56	driver's license or a commercial learner's permit; or
57	57	(ii) the defendant's alcohol concentration,
58	58	as defined by Section 49.01, Penal Code, was 0.15 or more;
59	59	(C) for which punishment may be increased under
60	60	Section 49.09, Penal Code;
61	61	(D) for which punishment may be increased under
62	62	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
63	63	is shown that the defendant has been previously convicted of an
64	64	offense for which punishment was increased under any one of those
65	65	subsections; [or]
66	66	(E) that is a second or third degree felony
67	67	listed in Article 42A.054(a) or that is any felony listed in that
68	68	subsection with a minimum term of punishment of five years or more,
69	69	if the judge finds that a firearm was used or exhibited during the
70	70	commission of the offense or during the immediate flight from the
71	71	commission of the offense; or
72	72	(F) under Section 481.1123, Health and Safety
73	73	Code, that is punishable under Subsection (d), (e), or (f) of that
74	74	section;
75	75	(2) the defendant:
76	76	(A) is charged with an offense under Section
77	77	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
78	78	the age of the victim, or a felony described by Article 42A.453(b),
79	79	other than a felony described by Subdivision (1)(A) or (3)(B) of
80	80	this subsection; and
81	81	(B) has previously been placed on community
82	82	supervision for an offense under Paragraph (A);
83	83	(3) the defendant is charged with an offense under:
84	84	(A) Section 21.02, Penal Code; or
85	85	(B) Section 22.021, Penal Code, that is
86	86	punishable under Subsection (f) of that section or under Section
87	87	12.42(c)(3) or (4), Penal Code; or
88	88	(4) the defendant is charged with an offense under
89	89	Section 19.02, Penal Code, except that the judge may grant deferred
90	90	adjudication community supervision on determining that the
91	91	defendant did not cause the death of the deceased, did not intend to
92	92	kill the deceased or another, and did not anticipate that a human
93	93	life would be taken.
94	94	SECTION 5. Section 508.145(d)(2), Government Code, is
95	95	amended to read as follows:
96	96	(2) An inmate described by Subdivision (1) is not
97	97	eligible for release on parole until the inmate's actual calendar
98	98	time served, without consideration of good conduct time, equals
99	99	one-half of the sentence or 30 calendar years, whichever is less,
100	100	but in no event is the inmate eligible for release on parole in less
101	101	than:
102	102	(A) five calendar years, for an inmate serving a
103	103	sentence for an offense:
104	104	(i) for which the minimum term of
105	105	imprisonment was increased under Section 12.503, Penal Code; or
106	106	(ii) for which the punishment otherwise
107	107	required by law includes a minimum term of punishment of five years
108	108	or more, if an affirmative finding has been entered in the judgment
109	109	in the case under Article 42A.054(d), Code of Criminal Procedure;
110	110	or
111	111	(B) two calendar years, for an inmate serving a
112	112	sentence for any other offense to which this subsection applies.
113	113	SECTION 6. The change in law made by this Act applies only
114	114	to an offense committed on or after the effective date of this Act.
115	115	An offense committed before the effective date of this Act is
116	116	governed by the law in effect on the date the offense was committed,
117	117	and the former law is continued in effect for that purpose. For
118	118	purposes of this section, an offense was committed before the
119	119	effective date of this Act if any element of the offense occurred
120	120	before that date.
121	121	SECTION 7. This Act takes effect September 1, 2025.