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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of inmates convicted of certain |
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intoxication offenses for release on parole or mandatory |
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supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.145(d)(1), Government Code, is |
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amended to read as follows: |
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(1) An inmate serving a sentence for an offense |
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described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), |
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(I), (J), or (K), Article 42.12, Code of Criminal Procedure, or for |
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an offense for which the judgment contains an affirmative finding |
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under Section 3g(a)(2) of that article, or for an offense under |
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Section 20A.03, Penal Code, or serving a sentence of 25 years or |
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more for an offense under Chapter 49, Penal Code, is not eligible |
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for release on parole until the inmate's actual calendar time |
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served, without consideration of good conduct time, equals one-half |
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of the sentence or 30 calendar years, whichever is less, but in no |
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event is the inmate eligible for release on parole in less than two |
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calendar years. |
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SECTION 2. Section 508.149(a), Government Code, as amended |
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by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the 82nd |
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Legislature, Regular Session, 2011, is reenacted and amended to |
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read as follows: |
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(a) An inmate may not be released to mandatory supervision |
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if the inmate is serving a sentence for or has been previously |
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convicted of: |
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(1) an offense for which the judgment contains an |
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affirmative finding under Section 3g(a)(2), Article 42.12, Code of |
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Criminal Procedure; |
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(2) a first degree felony or a second degree felony |
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under Section 19.02, Penal Code; |
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(3) a capital felony under Section 19.03, Penal Code; |
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(4) a first degree felony or a second degree felony |
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under Section 20.04, Penal Code; |
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(5) an offense under Section 21.11, Penal Code; |
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(6) a felony under Section 22.011, Penal Code; |
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(7) a first degree felony or a second degree felony |
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under Section 22.02, Penal Code; |
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(8) a first degree felony under Section 22.021, Penal |
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Code; |
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(9) a first degree felony under Section 22.04, Penal |
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Code; |
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(10) a first degree felony under Section 28.02, Penal |
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Code; |
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(11) a second degree felony under Section 29.02, Penal |
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Code; |
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(12) a first degree felony under Section 29.03, Penal |
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Code; |
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(13) a first degree felony under Section 30.02, Penal |
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Code; |
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(14) a felony for which the punishment is increased |
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under Section 481.134 or Section 481.140, Health and Safety Code; |
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(15) an offense under Section 43.25, Penal Code; |
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(16) an offense under Section 21.02, Penal Code; |
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(17) a first degree felony under Section 15.03, Penal |
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Code; |
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(17-a) an offense under Chapter 49, Penal Code, for |
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which the inmate received a sentence of 25 years or more; |
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(18) an offense under Section 43.05, Penal Code; [or] |
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(19) an offense under Section 20A.02, Penal Code; or |
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(20) [(18)] an offense under Section 20A.03, Penal |
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Code. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 83rd Legislature, Regular Session, 2013, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. This Act takes effect September 1, 2013. |