By: Pitts, Price H.B. No. 517

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of inmates convicted of certain intoxication offenses for release on parole or mandatory supervision and to a biennial study regarding driving while intoxicated prevention.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 4, Government Code, is amended by adding Chapter 423 to read as follows:

CHAPTER 423. DRIVING WHILE INTOXICATED PREVENTION

Sec. 423.001. DEFINITION. In this chapter, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09(c), Penal Code.

Sec. 423.002. STUDIES. (a) The office of the governor shall conduct a biennial study on driving while intoxicated in this state that monitors and analyzes:

(1) the efficacy of restrictions on eligibility for release on parole or to mandatory supervision for persons convicted of certain intoxication offenses in deterring or preventing future intoxication offenses, including the provisions of Sections 508.145(d)(1) and 508.149(a), as amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the 82nd Legislature, Regular Session, 2011;

(2) driving while intoxicated data collected in this state, including data relating to:

(A) driving fatalities involving intoxicated drivers;

(B) automatic driver's license suspensions by the Department of Public Safety for convictions of an offense relating to the operating of a motor vehicle while intoxicated; and

(C) the number of intoxication offenses resulting in a sentence of 25 years or more for an offense under Chapter 49, Penal Code;

(3) the laws and programs of other states that have been successful in reducing the occurrence of offenses relating to the operating of a motor vehicle while intoxicated, including sentencing of intoxication offenses; and

(4) the impact on public safety of repeat and habitual offenders and intoxication offenses causing serious bodily injury or death, including the sentencing of intoxication offenses.

(b) Based on the studies conducted under Subsection (a), the office of the governor shall collaborate with the Texas Department of Transportation, the Department of Public Safety, and the Department of State Health Services to reduce alcoholism and recidivism and the number of driving while intoxicated offenses committed in this state, including repeat and habitual offenses and offenses causing serious bodily injury or death.

(c) Not later than January 1 of each odd-numbered year, the office of the governor shall submit a report to the legislature that:

(1) describes the total number of sentences imposed of 25 years or more for an offense under Chapter 49, Penal Code;

(2) describes the success of state laws and programs in reducing the occurrence of offenses relating to the operating of a motor vehicle while intoxicated;

(3) analyzes the efficacy of restrictions on eligibility for release on parole or to mandatory supervision for persons convicted of certain intoxication offenses in deterring or preventing future intoxication offenses; and

(4) recommends legislation relating to the prevention of those offenses in this state, including repeat and habitual offenses and offenses causing serious bodily injury or death.

SECTION 2. Section 508.145(d)(1), Government Code, is amended to read as follows:

(1) An inmate serving a sentence for an offense described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or (K), Article 42.12, Code of Criminal Procedure, or for an offense for which the judgment contains an affirmative finding under Section 3g(a)(2) of that article, or for an offense under Section 20A.03, Penal Code, or serving a sentence of 25 years or more for an offense under Chapter 49, Penal Code, is not eligible for release on parole until the inmate's actual calendar time served, without consideration of good conduct time, equals one-half of the sentence or 30 calendar years, whichever is less, but in no event is the inmate eligible for release on parole in less than two calendar years.

SECTION 3. Section 508.149(a), Government Code, as amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the 82nd Legislature, Regular Session, 2011, is reenacted and amended to read as follows:

(a) An inmate may not be released to mandatory supervision if the inmate is serving a sentence for or has been previously convicted of:

(1) an offense for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure;

(2) a first degree felony or a second degree felony under Section 19.02, Penal Code;

(3) a capital felony under Section 19.03, Penal Code;

(4) a first degree felony or a second degree felony under Section 20.04, Penal Code;

(5) an offense under Section 21.11, Penal Code;

(6) a felony under Section 22.011, Penal Code;

(7) a first degree felony or a second degree felony under Section 22.02, Penal Code;

(8) a first degree felony under Section 22.021, Penal Code;

(9) a first degree felony under Section 22.04, Penal Code;

(10) a first degree felony under Section 28.02, Penal Code;

(11) a second degree felony under Section 29.02, Penal Code;

(12) a first degree felony under Section 29.03, Penal Code;

(13) a first degree felony under Section 30.02, Penal Code;

(14) a felony for which the punishment is increased under Section 481.134 or Section 481.140, Health and Safety Code;

(15) an offense under Section 43.25, Penal Code;

(16) an offense under Section 21.02, Penal Code;

(17) a first degree felony under Section 15.03, Penal Code;

(17-a) an offense under Chapter 49, Penal Code, for which the inmate received a sentence of 25 years or more;

(18) an offense under Section 43.05, Penal Code; [or]

(19) an offense under Section 20A.02, Penal Code; or

(20) [(18)] an offense under Section 20A.03, Penal Code.

SECTION 4. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 5. To the extent of any conflict, this Act prevails over another Act of the 83rd Legislature, Regular Session, 2013, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 6. This Act takes effect September 1, 2013.