Bill Text: TX HB3120 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the punishment for certain felony offenses committed by an inmate released on parole or to mandatory supervision.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-08 - Failed to receive affirmative vote in comm. [HB3120 Detail]

Download: Texas-2019-HB3120-Introduced.html
  86R10159 MAW-F
 
  By: Bonnen of Galveston H.B. No. 3120
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for certain felony offenses committed by
  an inmate released on parole or to mandatory supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.08, Code of Criminal Procedure, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)(1)  This subsection applies only to a defendant who is
  convicted of a felony offense punishable under Section 12.42(d) or
  12.425(b), Penal Code, that was committed while the defendant was
  released on parole or to mandatory supervision. 
               (2)  A judge sentencing the defendant may order the
  sentence for the offense to:
                     (A)  run concurrently with the sentence for the
  offense for which the defendant was released on parole or to
  mandatory supervision; or
                     (B)  commence immediately on completion of the
  sentence for the offense for which the defendant was released on
  parole or to mandatory supervision.
               (3)  A judge who orders a sentence to be imposed
  consecutively in the manner described by Subdivision (2)(B) shall,
  on pronouncing the sentence, order the defendant transferred to the
  custody of the Texas Department of Criminal Justice for purposes of
  serving the applicable sentences consecutively as described by that
  subdivision if the defendant has not been taken into custody by the
  department following the automatic revocation of the defendant's
  parole or mandatory supervision under Section 508.285, Government
  Code.
         SECTION 2.  Subchapter I, Chapter 508, Government Code, is
  amended by adding Section 508.285 to read as follows:
         Sec. 508.285.  AUTOMATIC REVOCATION ON CERTAIN FELONY
  CONVICTIONS.  Notwithstanding any other law, on a releasee's
  conviction of a felony offense punishable under Section 12.42(d) or
  12.425(b), Penal Code, the releasee's parole or mandatory
  supervision is automatically revoked and the sentence for which the
  releasee was on parole or mandatory supervision may not be
  considered to have ceased to operate for purposes of Article 42.08,
  Code of Criminal Procedure.
         SECTION 3.  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 occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2019.
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