Texas 2025 - 89th Regular

Texas Senate Bill SB1272 Compare Versions

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

Old	New	Differences
1	1	89R8815 JRR-F
2	2	By: Schwertner S.B. No. 1272
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the punishment for the criminal offense of attempted
10	10	capital murder of a peace officer; increasing a criminal penalty;
11	11	changing eligibility for parole and mandatory supervision.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 15.01, Penal Code, is amended by
14	14	amending Subsection (d) and adding Subsection (e) to read as
15	15	follows:
16	16	(d) Except as provided by Subsection (e), an [An] offense
17	17	under this section is one category lower than the offense
18	18	attempted, and if the offense attempted is a state jail felony, the
19	19	offense is a Class A misdemeanor.
20	20	(e) If the offense attempted is capital murder of a peace
21	21	officer under Section 19.03(a)(1), the offense is a felony of the
22	22	first degree, punishable by imprisonment in the Texas Department of
23	23	Criminal Justice for life or for any term of not more than 99 years
24	24	or less than 25 years.
25	25	SECTION 2. Section 508.145(a), Government Code, is amended
26	26	to read as follows:
27	27	(a) An inmate is not eligible for release on parole if the
28	28	inmate is under sentence of death, serving a sentence of life
29	29	imprisonment without parole, or serving a sentence for any of the
30	30	following offenses under the Penal Code:
31	31	(1) Section 15.01, if the offense is punishable under
32	32	Subsection (e) of that section;
33	33	(2) Section 20A.03, if the offense is based partly or
34	34	wholly on conduct constituting an offense under Section
35	35	20A.02(a)(5), (6), (7), or (8);
36	36	(3) [(2)] Section 21.02;
37	37	(4) [(3)] Section 22.021, if the offense is punishable
38	38	under Subsection (f) of that section; or
39	39	(5) [(4)] Section 51.03 or 51.04.
40	40	SECTION 3. Section 508.145(d)(1), Government Code, is
41	41	amended to read as follows:
42	42	(d)(1) This subsection applies only to an inmate who is
43	43	serving a sentence for:
44	44	(A) an offense described by Article 42A.054(a),
45	45	Code of Criminal Procedure, other than an offense under Section
46	46	19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that
47	47	is described by Subsection (a)(2) [(a)(1)] or (c-1)(1);
48	48	(B) an offense for which the judgment contains an
49	49	affirmative finding under Article 42A.054(c) or (d), Code of
50	50	Criminal Procedure; or
51	51	(C) an offense under Section 71.02 or 71.023,
52	52	Penal Code.
53	53	SECTION 4. Section 508.149(a), Government Code, is amended
54	54	to read as follows:
55	55	(a) An inmate may not be released to mandatory supervision
56	56	if the inmate is serving a sentence for or has been previously
57	57	convicted of:
58	58	(1) an offense for which the judgment contains an
59	59	affirmative finding under Article 42A.054(c) or (d), Code of
60	60	Criminal Procedure;
61	61	(2) a first degree felony or a second degree felony
62	62	under Section 19.02, Penal Code;
63	63	(3) a capital felony under Section 19.03, Penal Code;
64	64	(4) a first degree felony or a second degree felony
65	65	under Section 20.04, Penal Code;
66	66	(5) an offense under Section 21.11, Penal Code;
67	67	(6) a felony under Section 22.011, Penal Code;
68	68	(7) a first degree felony or a second degree felony
69	69	under Section 22.02, Penal Code;
70	70	(8) a first degree felony under Section 22.021, Penal
71	71	Code;
72	72	(9) a first degree felony under Section 22.04, Penal
73	73	Code;
74	74	(10) a first degree felony under Section 28.02, Penal
75	75	Code;
76	76	(11) a second degree felony under Section 29.02, Penal
77	77	Code;
78	78	(12) a first degree felony under Section 29.03, Penal
79	79	Code;
80	80	(13) a first degree felony under Section 30.02, Penal
81	81	Code;
82	82	(14) a felony for which the punishment is increased
83	83	under Section 481.134 or 481.140, Health and Safety Code;
84	84	(15) an offense under Section 43.25, Penal Code;
85	85	(16) an offense under Section 21.02, Penal Code;
86	86	(17) a first degree felony under Section 15.03, Penal
87	87	Code;
88	88	(18) an offense under Section 43.05, Penal Code;
89	89	(19) an offense under Section 20A.02, Penal Code;
90	90	(20) an offense under Section 20A.03, Penal Code;
91	91	(21) a first degree felony under Section 71.02 or
92	92	71.023, Penal Code;
93	93	(22) an offense under Section 481.1123, Health and
94	94	Safety Code, punished under Subsection (d), (e), or (f) of that
95	95	section;
96	96	(23) a second degree felony under Section 22.01, Penal
97	97	Code; [or]
98	98	(24) an offense under Section 22.01, Penal Code,
99	99	punished under Subsection (b)(2), (7), or (8) of that section; or
100	100	(25) an offense under Section 15.01, Penal Code,
101	101	punished under Subsection (e) of that section.
102	102	SECTION 5. The change in law made by this Act applies only
103	103	to an offense committed on or after the effective date of this Act.
104	104	An offense committed before the effective date of this Act is
105	105	governed by the law in effect on the date the offense was committed,
106	106	and the former law is continued in effect for that purpose. For
107	107	purposes of this section, an offense was committed before the
108	108	effective date of this Act if any element of the offense was
109	109	committed before that date.
110	110	SECTION 6. This Act takes effect September 1, 2025.