BILL ANALYSIS

Senate Research Center	S.B. 23
88R15749 EAS-D	By: Huffman
	State Affairs
	3/20/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Since 2019, Texas has seen a massive spike in violent crime with the use of a firearm. To combat this, mandatory sentences act as a potential deterrent for anyone considering illegally using a firearm and are a tool for prosecutors to keep violent criminals off the streets.

S.B. 23 establishes a 10-year mandatory minimum sentence for the use of firearm in the commission of the most severe felony offenses under Article 42A.054, Code of Criminal Procedure. To be eligible for the 10-year mandatory sentence, the bill requires an affirmative finding that the deadly weapon used in the commission of the crime was a firearm.

As proposed, S.B. 23 amends current law relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter D, Chapter 12, Penal Code, by adding Section 12.502, as follows:

Sec. 12.502. PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED WITH FIREARM. (a) Increases the minimum term of imprisonment for a first, second, or third degree felony listed in Article 42A.054(a) (relating to providing that Article 42A.053 (Judge-Ordered Community Supervision) does not apply to a defendant adjudged guilty of certain offenses), Code of Criminal Procedure, to 10 years if an affirmative finding has been entered in the judgment in the case under Article 42A.054(d) (relating to requiring the court, on an affirmative finding that a deadly weapon used or exhibited was a firearm, to enter that finding in its judgment), Code of Criminal Procedure.

(b) Provides that Subsection (a) does not apply to a felony offense for which the punishment otherwise required by law includes a minimum term of imprisonment that exceeds 10 years.

SECTION 2. Amends Article 42A.056, Code of Criminal Procedure, as follows:

Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY SUPERVISION. Provides that a defendant is not eligible for community supervision under Article 42A.055 (Jury-Recommended Community Supervision) if the defendant:

(1)-(6) makes no changes to these subdivisions;

(7) is convicted of an offense for which the minimum term of imprisonment has been increased under Section 12.502, Penal Code; or

(8)-(9) redesignates existing Subdivisions (7) and (8) as Subdivisions (8) and (9).

SECTION 3. Amends Article 42A.102(b), Code of Criminal Procedure, as follows:

(b) Authorizes the judge, in all other cases, to grant deferred adjudication community supervision unless:

(1) the defendant is charged with an offense:

(A)-(C) makes no change to these paragraphs;

(D) makes a nonsubstantive change to this paragraph;

(E) that is punishable as a first, second, or third degree felony, if the judge finds that a firearm was used or exhibited during the commission of the offense or during the immediate flight from the commission of the offense; or

(F) creates this paragraph from existing text; or

(2)-(4) makes no change to these subdivisions.

SECTION 4. Amends Section 508.145(d)(2), Government Code, as follows:

(2) Provides that an inmate described by Subdivision (1) (relating to providing that Subsection (d) (relating to providing that certain inmates are ineligible for release within certain time periods) applies only to an inmate who is serving a sentence for certain offenses) 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:

(A) 10 calendar years, for an inmate serving a sentence for an offense for which the minimum term of imprisonment has been increased under Section 12.502, Penal Code; or

(B) two calendar years, for an inmate serving a sentence for any other offense to which this subsection applies.

SECTION 5. Makes application of this Act prospective.

SECTION 6. Effective date: September 1, 2023.