| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the punishment for the criminal offense of attempted |
|
|
capital murder of a peace officer; increasing a criminal penalty; |
|
|
changing eligibility for parole and mandatory supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 15.01, Penal Code, is amended by |
|
|
amending Subsection (d) and adding Subsection (e) to read as |
|
|
follows: |
|
|
(d) Except as provided by Subsection (e), an [An] offense |
|
|
under this section is one category lower than the offense |
|
|
attempted, and if the offense attempted is a state jail felony, the |
|
|
offense is a Class A misdemeanor. |
|
|
(e) If the offense attempted is capital murder of a peace |
|
|
officer under Section 19.03(a)(1), the offense is a felony of the |
|
|
first degree, punishable by imprisonment in the Texas Department of |
|
|
Criminal Justice for life or for any term of not more than 99 years |
|
|
or less than 25 years. |
|
|
SECTION 2. Section 508.145(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) An inmate is not eligible for release on parole if the |
|
|
inmate is under sentence of death, serving a sentence of life |
|
|
imprisonment without parole, or serving a sentence for any of the |
|
|
following offenses under the Penal Code: |
|
|
(1) Section 15.01, if the offense is punishable under |
|
|
Subsection (e) of that section; |
|
|
(2) Section 20A.03, if the offense is based partly or |
|
|
wholly on conduct constituting an offense under Section |
|
|
20A.02(a)(5), (6), (7), or (8); |
|
|
(3) [(2)] Section 21.02; |
|
|
(4) [(3)] Section 22.021, if the offense is punishable |
|
|
under Subsection (f) of that section; or |
|
|
(5) [(4)] Section 51.03 or 51.04. |
|
|
SECTION 3. Section 508.145(d)(1), Government Code, is |
|
|
amended to read as follows: |
|
|
(d)(1) This subsection applies only to an inmate who is |
|
|
serving a sentence for: |
|
|
(A) an offense described by Article 42A.054(a), |
|
|
Code of Criminal Procedure, other than an offense under Section |
|
|
19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that |
|
|
is described by Subsection (a)(2) [(a)(1)] or (c-1)(1); |
|
|
(B) an offense for which the judgment contains an |
|
|
affirmative finding under Article 42A.054(c) or (d), Code of |
|
|
Criminal Procedure; or |
|
|
(C) an offense under Section 71.02 or 71.023, |
|
|
Penal Code. |
|
|
SECTION 4. 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 Article 42A.054(c) or (d), 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 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; |
|
|
(21) a first degree felony under Section 71.02 or |
|
|
71.023, Penal Code; |
|
|
(22) an offense under Section 481.1123, Health and |
|
|
Safety Code, punished under Subsection (d), (e), or (f) of that |
|
|
section; |
|
|
(23) a second degree felony under Section 22.01, Penal |
|
|
Code; [or] |
|
|
(24) an offense under Section 22.01, Penal Code, |
|
|
punished under Subsection (b)(2), (7), or (8) of that section; or |
|
|
(25) an offense under Section 15.01, Penal Code, |
|
|
punished under Subsection (e) of that section. |
|
|
SECTION 5. 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 was |
|
|
committed before that date. |
|
|
SECTION 6. This Act takes effect September 1, 2025. |