1 | 1 | | 89R9117 LHC-D |
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2 | 2 | | By: Hagenbuch S.B. No. 1133 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to increasing the minimum term of imprisonment and |
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10 | 10 | | changing the eligibility for community supervision, mandatory |
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11 | 11 | | supervision, and parole for certain persons convicted of |
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12 | 12 | | intoxication manslaughter. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. This Act may be cited as Grayson's Law. |
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15 | 15 | | SECTION 2. Section 49.08, Penal Code, is amended by adding |
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16 | 16 | | Subsection (c) to read as follows: |
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17 | 17 | | (c) The minimum term of imprisonment for an offense under |
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18 | 18 | | this section is increased to 10 years if it is shown on the trial of |
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19 | 19 | | the offense that at the time of the offense the person was present |
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20 | 20 | | in this country following the commission of an offense under |
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21 | 21 | | Chapter 51. |
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22 | 22 | | SECTION 3. Article 42A.059, Code of Criminal Procedure, is |
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23 | 23 | | amended to read as follows: |
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24 | 24 | | Art. 42A.059. PLACEMENT ON COMMUNITY SUPERVISION |
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25 | 25 | | PROHIBITED FOR CERTAIN OFFENSES INVOLVING ILLEGAL ENTRY INTO THIS |
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26 | 26 | | STATE. Notwithstanding any other provision of this chapter, a |
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27 | 27 | | defendant is not eligible for community supervision, including |
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28 | 28 | | deferred adjudication community supervision, under this chapter if |
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29 | 29 | | the defendant is charged with or convicted of an offense under: |
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30 | 30 | | (1) Chapter 51, Penal Code; or |
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31 | 31 | | (2) Section 49.08, Penal Code, if the offense is |
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32 | 32 | | punishable under Subsection (c) of that section. |
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33 | 33 | | SECTION 4. Section 508.145, Government Code, is amended by |
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34 | 34 | | adding Subsection (e-1) to read as follows: |
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35 | 35 | | (e-1) An inmate serving a sentence for an offense punishable |
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36 | 36 | | under Section 49.08(c), Penal Code, is not eligible for release on |
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37 | 37 | | parole until the actual calendar time served, without consideration |
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38 | 38 | | of good conduct time, equals 10 years. |
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39 | 39 | | SECTION 5. Section 508.147, Government Code, is amended by |
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40 | 40 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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41 | 41 | | follows: |
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42 | 42 | | (a) Except as provided by Subsection (a-1) and Section |
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43 | 43 | | 508.149, a parole panel shall order the release of an inmate who is |
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44 | 44 | | not on parole to mandatory supervision when the actual calendar |
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45 | 45 | | time the inmate has served plus any accrued good conduct time equals |
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46 | 46 | | the term to which the inmate was sentenced. |
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47 | 47 | | (a-1) An inmate serving a sentence for an offense punishable |
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48 | 48 | | under Section 49.08(c), Penal Code, may not be released to |
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49 | 49 | | mandatory supervision unless: |
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50 | 50 | | (1) the inmate's actual calendar time served, without |
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51 | 51 | | consideration of good conduct time, equals at least 10 years; and |
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52 | 52 | | (2) the inmate is otherwise eligible for release under |
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53 | 53 | | Subsection (a). |
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54 | 54 | | SECTION 6. The changes in law made by this Act apply only to |
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55 | 55 | | an offense committed on or after the effective date of this Act. An |
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56 | 56 | | offense committed before the effective date of this Act is governed |
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57 | 57 | | by the law in effect on the date the offense was committed, and the |
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58 | 58 | | former law is continued in effect for that purpose. For purposes of |
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59 | 59 | | this section, an offense was committed before the effective date of |
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60 | 60 | | this Act if any element of the offense occurred before that date. |
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61 | 61 | | SECTION 7. This Act takes effect September 1, 2025. |
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