87R4689 MCF-D
 
  By: Leach H.B. No. 3598
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to increasing the minimum term of imprisonment and
  changing the eligibility for community supervision, mandatory
  supervision, and parole for persons convicted of intoxication
  manslaughter.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 49.08(b), Penal Code, is amended to read
  as follows:
         (b)  Except as provided by Section 49.09, an offense under
  this section is a felony of the second degree with a minimum term of
  imprisonment of five years.
         SECTION 2.  Article 42A.401, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  A judge granting community supervision to a defendant
  convicted of an offense under Chapter 49, Penal Code, shall require
  as a condition of community supervision that the defendant submit
  to:
               (1)  not less than 72 hours of continuous confinement
  in county jail if the defendant was punished under Section
  49.09(a), Penal Code;
               (2)  not less than five days of confinement in county
  jail if the defendant was punished under Section 49.09(a), Penal
  Code, and was subject to Section 49.09(h), Penal Code;
               (3)  not less than 10 days of confinement in county jail
  if the defendant was punished under Section 49.09(b), Penal Code;
               (4)  not less than 30 days of confinement in county jail
  if the defendant was convicted of an offense under Section 49.07,
  Penal Code; or
               (5)  subject to Subsection (c), a term of imprisonment
  in the Texas Department of Criminal Justice [confinement] of not
  less than five years [120 days] if the defendant was convicted of an
  offense under Section 49.08, Penal Code.
         (c)  A judge granting community supervision to a defendant
  who was convicted of an offense under Section 49.08, Penal Code, may
  reduce the minimum term of imprisonment required under Subsection
  (a)(5) to a minimum term of imprisonment of not less than two years
  if the judge:
               (1)  makes a finding that the best interest of the
  community would be served and the public would not be harmed by the
  reduction; and
               (2)  enters that finding on the record.
         SECTION 3.  Section 508.145, Government Code, is amended by
  adding Subsection (e-1) to read as follows:
         (e-1)  An inmate serving a sentence under Section 49.08,
  Penal Code, is not eligible for release on parole until the actual
  calendar time served, without consideration of good conduct time,
  equals five years.
         SECTION 4.  Section 508.147, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1) and Section
  508.149, a parole panel shall order the release of an inmate who is
  not on parole to mandatory supervision when the actual calendar
  time the inmate has served plus any accrued good conduct time equals
  the term to which the inmate was sentenced.
         (a-1)  An inmate serving a sentence under Section 49.08,
  Penal Code, may not be released to mandatory supervision unless:
               (1)  the inmate's actual calendar time served, without
  consideration of good conduct time, equals at least five years; and
               (2)  the inmate is otherwise eligible for release under
  Subsection (a).
         SECTION 5.  The changes in law made by this Act apply 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 6.  This Act takes effect September 1, 2021.