|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to changing the eligibility of inmates convicted of |
|
certain intoxication offenses for release on parole or mandatory |
|
supervision and to a biennial study regarding prevention of |
|
intoxication offenses. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle B, Title 4, Government Code, is amended |
|
by adding Chapter 424 to read as follows: |
|
CHAPTER 424. PREVENTION OF INTOXICATION OFFENSES |
|
Sec. 424.001. DEFINITIONS. In this chapter: |
|
(1) "Intoxication offense" means an offense under |
|
Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal |
|
Code. |
|
(2) "Offense relating to the operating of a motor |
|
vehicle while intoxicated" has the meaning assigned by Section |
|
49.09(c), Penal Code. |
|
Sec. 424.002. STUDIES. (a) The office of the governor |
|
shall conduct a biennial study on intoxication offenses 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); |
|
(2) data collected in this state on offenses relating |
|
to the operating of a motor vehicle while intoxicated, including: |
|
(A) motor vehicle accident 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; |
|
(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: |
|
(A) repeat and habitual offenders; and |
|
(B) intoxication offenses causing serious bodily |
|
injury or death. |
|
(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 intoxication offense; |
|
(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 intoxication 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), (K), (L), (M), or (N), Article 42.12, Code of Criminal |
|
Procedure, an offense for which the judgment contains an |
|
affirmative finding under Section 3g(a)(2) of that article, an |
|
offense under Section 20A.03, Penal Code, or an offense under |
|
Section 71.02 or 71.023, 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, is 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; |
|
(18) an offense under Section 43.05, Penal Code; |
|
(19) an offense under Section 20A.02, Penal Code; |
|
(20) an offense under Section 20A.03, Penal Code; [or] |
|
(21) a first degree felony under Section 71.02 or |
|
71.023, Penal Code; or |
|
(22) an offense under Chapter 49, Penal Code, for |
|
which the inmate received a sentence of 25 years or more. |
|
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. This Act takes effect September 1, 2015. |