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A BILL TO BE ENTITLED
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AN ACT
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relating to changing the eligibility for community supervision and |
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parole for certain repeat intoxication offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.054(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Article 42A.053 does not apply to a defendant adjudged |
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guilty of an offense under: |
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(1) Section 15.03, Penal Code, if the offense is |
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punishable as a felony of the first degree; |
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(2) Section 19.02, Penal Code (Murder); |
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(3) Section 19.03, Penal Code (Capital Murder); |
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(4) Section 20.04, Penal Code (Aggravated |
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Kidnapping); |
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(5) Section 20A.02, Penal Code (Trafficking of |
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Persons); |
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(6) Section 20A.03, Penal Code (Continuous |
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Trafficking of Persons); |
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(7) Section 21.11, Penal Code (Indecency with a |
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Child); |
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(8) Section 22.011, Penal Code (Sexual Assault); |
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(9) Section 22.021, Penal Code (Aggravated Sexual |
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Assault); |
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(10) Section 22.04(a)(1), Penal Code (Injury to a |
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Child, Elderly Individual, or Disabled Individual), if: |
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(A) the offense is punishable as a felony of the |
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first degree; and |
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(B) the victim of the offense is a child; |
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(11) Section 29.03, Penal Code (Aggravated Robbery); |
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(12) Section 30.02, Penal Code (Burglary), if: |
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(A) the offense is punishable under Subsection |
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(d) of that section; and |
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(B) the actor committed the offense with the |
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intent to commit a felony under Section 21.02, 21.11, 22.011, |
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22.021, or 25.02, Penal Code; |
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(13) Section 43.04, Penal Code (Aggravated Promotion |
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of Prostitution); |
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(14) Section 43.05, Penal Code (Compelling |
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Prostitution); |
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(15) Section 43.25, Penal Code (Sexual Performance by |
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a Child); |
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(16) Section 43.26, Penal Code (Possession or |
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Promotion of Child Pornography); |
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(17) Chapter 481, Health and Safety Code, for which |
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punishment is increased under: |
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(A) Section 481.140 of that code (Use of Child in |
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Commission of Offense); or |
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(B) Section 481.134(c), (d), (e), or (f) of that |
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code (Drug-free Zones) if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any of those subsections; [or] |
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(18) Section 481.1123, Health and Safety Code |
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(Manufacture or Delivery of Substance in Penalty Group 1-B), if the |
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offense is punishable under Subsection (d), (e), or (f) of that |
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section; or |
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(19) Section 49.04, 49.045, 49.05, 49.06, 49.061, |
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49.065, 49.07, or 49.08, Penal Code, if it is shown that the |
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defendant has been previously convicted two or more times of one of |
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those offenses or any combination of those offenses. |
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SECTION 2. Section 508.145(d), Government Code, is amended |
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by adding Subdivision (4) to read as follows: |
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(4) Notwithstanding Subdivision (2), an inmate who is |
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serving a sentence for an offense under Section 49.04, 49.045, |
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49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code, is not |
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eligible for release on parole if the inmate has been previously |
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convicted three or more times of one of those offenses or any |
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combination of those offenses. |
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SECTION 3. 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 4. This Act takes effect September 1, 2025. |