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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain felony offenses committed by |
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an inmate released on parole or to mandatory supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.08, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1)(1) This subsection applies only to a defendant who is |
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convicted of a felony offense punishable under Section 12.42(d) or |
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12.425(b), Penal Code, that was committed while the defendant was |
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released on parole or to mandatory supervision. |
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(2) A judge sentencing the defendant may order the |
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sentence for the offense to: |
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(A) run concurrently with the sentence for the |
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offense for which the defendant was released on parole or to |
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mandatory supervision; or |
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(B) commence immediately on completion of the |
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sentence for the offense for which the defendant was released on |
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parole or to mandatory supervision. |
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(3) A judge who orders a sentence to be imposed |
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consecutively in the manner described by Subdivision (2)(B) shall, |
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on pronouncing the sentence, order the defendant transferred to the |
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custody of the Texas Department of Criminal Justice for purposes of |
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serving the applicable sentences consecutively as described by that |
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subdivision if the defendant has not been taken into custody by the |
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department following the automatic revocation of the defendant's |
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parole or mandatory supervision under Section 508.285, Government |
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Code. |
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SECTION 2. Subchapter I, Chapter 508, Government Code, is |
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amended by adding Section 508.285 to read as follows: |
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Sec. 508.285. AUTOMATIC REVOCATION ON CERTAIN FELONY |
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CONVICTIONS. Notwithstanding any other law, on a releasee's |
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conviction of a felony offense punishable under Section 12.42(d) or |
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12.425(b), Penal Code, the releasee's parole or mandatory |
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supervision is automatically revoked and the sentence for which the |
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releasee was on parole or mandatory supervision may not be |
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considered to have ceased to operate for purposes of Article 42.08, |
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Code of Criminal Procedure. |
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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. This Act takes effect September 1, 2019. |