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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for certain family violence offenses and to |
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the eligibility of inmates convicted of certain family violence |
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offenses for release on parole or mandatory supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.01, Penal Code, is amended by adding |
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Section 22.01(b-2) to read as follows: |
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(b-2) Notwithstanding Subsections (b) (2) and (b-1) of this |
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Section, an offense under Subsection (a)(1) is a felony of the |
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second degree if: |
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(1) the offense is committed against a person whose |
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relationship to or association with the defendant is described by |
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Section 71.0021(b), 71.003, or 71.005, Family Code; and |
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(2) it is shown on the trial of the offense that the |
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defendant: |
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(A) has been previously convicted of an offense |
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under Subsection (b)(2)(A); or |
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(B) has been previously convicted two or more |
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times of an offense under this chapter, Chapter 19, or Section |
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20.03, 20.04, or 21.11 against a person whose relationship to or |
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association with the defendant is described by Section 71.0021(b), |
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71.003, or 71.005, Family Code. |
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SECTION 2. Article 42.013, Code of Criminal Procedure, is |
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amended to read as follows: |
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Article 42.013. FINDING OF FAMIL |
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Y VIOLENCE (a) In the trial |
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of an offense under Title 5, Penal Code, if the court determines |
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that the offense involved family violence, as defined by Section |
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71.004, Family Code, the court shall make an affirmative finding of |
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that fact and enter the affirmative finding in the judgment of the |
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case. |
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(b) If there is an affirmative finding under Subsection (a) |
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in the trial of an offense under Section 22.01(b-2), Penal Code, and |
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the defendant is granted community supervision, the court shall |
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order the defendant confined in the Texas Department of Criminal |
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Justice for not less than 2 years and not more than 20 years. At any |
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time after the defendant has served 2 years in the custody of the |
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department, the sentencing judge, on his own motion or on motion of |
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the defendant, may order the defendant released to community |
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supervision. The department shall release the defendant to |
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community supervision after he has served 20 years. |
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SECTION 3. Section 508.145, Government Code, is amended to |
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by amending Subsection (d)(1) to read as follows: |
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(d)(1) An inmate serving a sentence for an offense described |
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by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or |
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(K), Article 42.12, Code of Criminal Procedure, or for an offense |
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for which the judgment contains an affirmative finding under |
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Section 3g(a) (2) of that article, or for an offense under Section |
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20A.03, Penal Code, or for an offense under Section 22.01(b-2), |
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Penal Code, is not eligible for release on parole until the inmate's |
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actual calendar time served, without consideration of good conduct |
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time, equals one-half of the sentence or 30 calendar years, |
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whichever is less, but in no event is the inmate eligible for |
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release on parole in less than two calendar years. |
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SECTION 4. This Act takes effect September 1, 2013. |