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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the minimum term of imprisonment and |
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changing the eligibility for community supervision, mandatory |
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supervision, and parole for persons convicted of intoxication |
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manslaughter. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.08(b), Penal Code, is amended to read |
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as follows: |
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(b) Except as provided by Section 49.09, an offense under |
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this section is a felony of the second degree with a minimum term of |
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imprisonment of five years. |
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SECTION 2. Article 42A.401, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) A judge granting community supervision to a defendant |
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convicted of an offense under Chapter 49, Penal Code, shall require |
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as a condition of community supervision that the defendant submit |
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to: |
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(1) not less than 72 hours of continuous confinement |
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in county jail if the defendant was punished under Section |
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49.09(a), Penal Code; |
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(2) not less than five days of confinement in county |
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jail if the defendant was punished under Section 49.09(a), Penal |
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Code, and was subject to Section 49.09(h), Penal Code; |
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(3) not less than 10 days of confinement in county jail |
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if the defendant was punished under Section 49.09(b), Penal Code; |
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(4) not less than 30 days of confinement in county jail |
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if the defendant was convicted of an offense under Section 49.07, |
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Penal Code; or |
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(5) subject to Subsection (c), a term of imprisonment |
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in the Texas Department of Criminal Justice [confinement] of not |
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less than five years [120 days] if the defendant was convicted of an |
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offense under Section 49.08, Penal Code. |
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(c) A judge granting community supervision to a defendant |
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who was convicted of an offense under Section 49.08, Penal Code, may |
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reduce the minimum term of imprisonment required under Subsection |
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(a)(5) to a minimum term of imprisonment of not less than two years |
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if the judge: |
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(1) makes a finding that the best interest of the |
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community would be served and the public would not be harmed by the |
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reduction; and |
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(2) enters that finding on the record. |
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SECTION 3. Section 508.145, Government Code, is amended by |
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adding Subsection (e-1) to read as follows: |
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(e-1) An inmate serving a sentence under Section 49.08, |
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Penal Code, is not eligible for release on parole until the actual |
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calendar time served, without consideration of good conduct time, |
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equals five years. |
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SECTION 4. Section 508.147, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1) and Section |
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508.149, a parole panel shall order the release of an inmate who is |
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not on parole to mandatory supervision when the actual calendar |
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time the inmate has served plus any accrued good conduct time equals |
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the term to which the inmate was sentenced. |
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(a-1) An inmate serving a sentence under Section 49.08, |
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Penal Code, may not be released to mandatory supervision unless: |
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(1) the inmate's actual calendar time served, without |
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consideration of good conduct time, equals at least five years; and |
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(2) the inmate is otherwise eligible for release under |
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Subsection (a). |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2021. |