| |
| |
|
|
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. |