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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty and changing the |
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eligibility for community supervision, mandatory supervision, and |
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parole for certain persons convicted of intoxication manslaughter. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Grayson's Law. |
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SECTION 2. Section 49.09(b-2), Penal Code, is amended to |
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read as follows: |
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(b-2) An offense under Section 49.08 is a felony of the |
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first degree if it is shown on the trial of the offense that the |
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person: |
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(1) caused the death of a person described by |
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Subsection (b-1); or |
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(2) has previously been convicted of an offense |
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relating to the operating of a motor vehicle while intoxicated, |
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operating an aircraft while intoxicated, operating a watercraft |
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while intoxicated, or operating or assembling an amusement ride |
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while intoxicated, and at the time of the commission of the instant |
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offense was in violation of Chapter 51. |
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SECTION 3. Article 42A.059, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.059. PLACEMENT ON COMMUNITY SUPERVISION |
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PROHIBITED FOR CERTAIN OFFENSES INVOLVING ILLEGAL ENTRY INTO THIS |
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STATE. Notwithstanding any other provision of this chapter, a |
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defendant is not eligible for community supervision, including |
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deferred adjudication community supervision, under this chapter if |
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the defendant is charged with or convicted of an offense under: |
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(1) Chapter 51, Penal Code; or |
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(2) Section 49.08, Penal Code, if the offense is |
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punishable under Section 49.09(b-2)(2), Penal Code. |
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SECTION 4. Section 508.145, Government Code, is amended by |
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adding Subsection (e-1) to read as follows: |
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(e-1) An inmate serving a sentence for an offense punishable |
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under Section 49.09(b-2)(2), Penal Code, is not eligible for |
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release on parole until the actual calendar time served, without |
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consideration of good conduct time, equals 10 years. |
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SECTION 5. Section 508.147, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1) and Section |
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508.149, a parole panel shall order the release of an inmate who is |
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not on parole to mandatory supervision when the actual calendar |
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time the inmate has served plus any accrued good conduct time equals |
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the term to which the inmate was sentenced. |
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(a-1) An inmate serving a sentence for an offense punishable |
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under Section 49.09(b-2)(2), Penal Code, may not be released to |
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mandatory supervision unless: |
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(1) the inmate's actual calendar time served, without |
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consideration of good conduct time, equals at least 10 years; and |
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(2) the inmate is otherwise eligible for release under |
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Subsection (a). |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2025. |