| |
| |
|
|
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. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 508.145(d)(1), Government Code, is |
|
|
amended to read as follows: |
|
|
(d)(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 for an offense punished under Section |
|
|
49.09(b), 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 2. 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 punished under Section 49.09(b), |
|
|
Penal Code; |
|
|
(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 3. 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 4. To the extent of any conflict, Section 2 of this |
|
|
Act prevails over another Act of the 83rd Legislature, Regular |
|
|
Session, 2013, relating to nonsubstantive additions to and |
|
|
corrections in enacted codes. |
|
|
SECTION 5. This Act takes effect September 1, 2013. |