Bill Text: TX SB23 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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 and to certain consequences on conviction of certain offenses.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-02 - Left pending in committee [SB23 Detail]
Download: Texas-2023-SB23-Introduced.html
Bill Title: 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 and to certain consequences on conviction of certain offenses.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-02 - Left pending in committee [SB23 Detail]
Download: Texas-2023-SB23-Introduced.html
| 88R15749 EAS-D | ||
| By: Huffman | S.B. No. 23 | |
|
|
||
|
|
||
| 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. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended | ||
| by adding Section 12.502 to read as follows: | ||
| Sec. 12.502. PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED | ||
| WITH FIREARM. (a) The minimum term of imprisonment for a first, | ||
| second, or third degree felony listed in Article 42A.054(a), Code | ||
| of Criminal Procedure, is increased to 10 years if an affirmative | ||
| finding has been entered in the judgment in the case under Article | ||
| 42A.054(d), Code of Criminal Procedure. | ||
| (b) 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. Article 42A.056, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY | ||
| SUPERVISION. A defendant is not eligible for community supervision | ||
| under Article 42A.055 if the defendant: | ||
| (1) is sentenced to a term of imprisonment that | ||
| exceeds 10 years; | ||
| (2) is convicted of a state jail felony for which | ||
| suspension of the imposition of the sentence occurs automatically | ||
| under Article 42A.551; | ||
| (3) is adjudged guilty of an offense under Section | ||
| 19.02, Penal Code; | ||
| (4) is convicted of an offense under Section 21.11, | ||
| 22.011, or 22.021, Penal Code, if the victim of the offense was | ||
| younger than 14 years of age at the time the offense was committed; | ||
| (5) is convicted of an offense under Section 20.04, | ||
| Penal Code, if: | ||
| (A) the victim of the offense was younger than 14 | ||
| years of age at the time the offense was committed; and | ||
| (B) the actor committed the offense with the | ||
| intent to violate or abuse the victim sexually; | ||
| (6) is convicted of an offense under Section 20A.02, | ||
| 20A.03, 43.04, 43.05, or 43.25, Penal Code; | ||
| (7) is convicted of an offense for which the minimum | ||
| term of imprisonment has been increased under Section 12.502, Penal | ||
| Code; | ||
| (8) is convicted of an offense for which punishment is | ||
| increased under Section 481.134(c), (d), (e), or (f), Health and | ||
| Safety Code, if it is shown that the defendant has been previously | ||
| convicted of an offense for which punishment was increased under | ||
| any of those subsections; or | ||
| (9) [ |
||
| 481.1123, Health and Safety Code, if the offense is punishable | ||
| under Subsection (d), (e), or (f) of that section. | ||
| SECTION 3. Article 42A.102(b), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (b) In all other cases, the judge may grant deferred | ||
| adjudication community supervision unless: | ||
| (1) the defendant is charged with an offense: | ||
| (A) under Section 20A.02, 20A.03, 49.045, 49.05, | ||
| 49.065, 49.07, or 49.08, Penal Code; | ||
| (B) under Section 49.04 or 49.06, Penal Code, | ||
| and, at the time of the offense: | ||
| (i) the defendant held a commercial | ||
| driver's license or a commercial learner's permit; or | ||
| (ii) the defendant's alcohol concentration, | ||
| as defined by Section 49.01, Penal Code, was 0.15 or more; | ||
| (C) for which punishment may be increased under | ||
| Section 49.09, Penal Code; | ||
| (D) for which punishment may be increased under | ||
| Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it | ||
| is shown that the defendant has been previously convicted of an | ||
| offense for which punishment was increased under any one of those | ||
| subsections; [ |
||
| (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) under Section 481.1123, Health and Safety | ||
| Code, that is punishable under Subsection (d), (e), or (f) of that | ||
| section; | ||
| (2) the defendant: | ||
| (A) is charged with an offense under Section | ||
| 21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of | ||
| the age of the victim, or a felony described by Article 42A.453(b), | ||
| other than a felony described by Subdivision (1)(A) or (3)(B) of | ||
| this subsection; and | ||
| (B) has previously been placed on community | ||
| supervision for an offense under Paragraph (A); | ||
| (3) the defendant is charged with an offense under: | ||
| (A) Section 21.02, Penal Code; or | ||
| (B) Section 22.021, Penal Code, that is | ||
| punishable under Subsection (f) of that section or under Section | ||
| 12.42(c)(3) or (4), Penal Code; or | ||
| (4) the defendant is charged with an offense under | ||
| Section 19.02, Penal Code, except that the judge may grant deferred | ||
| adjudication community supervision on determining that the | ||
| defendant did not cause the death of the deceased, did not intend to | ||
| kill the deceased or another, and did not anticipate that a human | ||
| life would be taken. | ||
| SECTION 4. Section 508.145(d)(2), Government Code, is | ||
| amended to read as follows: | ||
| (2) An inmate described by Subdivision (1) 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. 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 6. This Act takes effect September 1, 2023. | ||
