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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the minimum term of imprisonment and |
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changing the eligibility for community supervision and parole for |
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certain felony offenses in which a firearm is used or exhibited. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.502 to read as follows: |
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Sec. 12.502. PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED |
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WITH FIREARM. (a) The minimum term of imprisonment for a first, |
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second, or third degree felony listed in Article 42A.054(a), Code |
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of Criminal Procedure, is increased to 10 years if an affirmative |
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finding has been entered in the judgment in the case under Article |
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42A.054(d), Code of Criminal Procedure. |
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(b) Subsection (a) does not apply to a felony offense for |
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which the punishment otherwise required by law includes a minimum |
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term of imprisonment that exceeds 10 years. |
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SECTION 2. Article 42A.056, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
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SUPERVISION. A defendant is not eligible for community supervision |
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under Article 42A.055 if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Article 42A.551; |
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(3) is adjudged guilty of an offense under Section |
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19.02, Penal Code; |
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(4) is convicted of an offense under Section 21.11, |
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22.011, or 22.021, Penal Code, if the victim of the offense was |
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younger than 14 years of age at the time the offense was committed; |
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(5) is convicted of an offense under Section 20.04, |
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Penal Code, if: |
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(A) the victim of the offense was younger than 14 |
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years of age at the time the offense was committed; and |
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(B) the actor committed the offense with the |
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intent to violate or abuse the victim sexually; |
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(6) is convicted of an offense under Section 20A.02, |
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20A.03, 43.04, 43.05, or 43.25, Penal Code; |
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(7) is convicted of an offense for which the minimum |
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term of imprisonment has been increased under Section 12.502, Penal |
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Code; |
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(8) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any of those subsections; or |
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(9) [(8)] is convicted of an offense under Section |
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481.1123, Health and Safety Code, if the offense is punishable |
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under Subsection (d), (e), or (f) of that section. |
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SECTION 3. Article 42A.102(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) In all other cases, the judge may grant deferred |
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adjudication community supervision unless: |
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(1) the defendant is charged with an offense: |
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(A) under Section 20A.02, 20A.03, 49.045, 49.05, |
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49.065, 49.07, or 49.08, Penal Code; |
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(B) under Section 49.04 or 49.06, Penal Code, |
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and, at the time of the offense: |
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(i) the defendant held a commercial |
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driver's license or a commercial learner's permit; or |
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(ii) the defendant's alcohol concentration, |
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as defined by Section 49.01, Penal Code, was 0.15 or more; |
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(C) for which punishment may be increased under |
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Section 49.09, Penal Code; |
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(D) for which punishment may be increased under |
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Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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is shown that the defendant has been previously convicted of an |
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offense for which punishment was increased under any one of those |
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subsections; [or] |
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(E) that is punishable as a first, second, or |
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third degree felony, if the judge finds that a firearm was used or |
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exhibited during the commission of the offense or during the |
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immediate flight from the commission of the offense; or |
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(F) under Section 481.1123, Health and Safety |
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Code, that is punishable under Subsection (d), (e), or (f) of that |
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section; |
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(2) the defendant: |
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(A) is charged with an offense under Section |
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21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of |
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the age of the victim, or a felony described by Article 42A.453(b), |
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other than a felony described by Subdivision (1)(A) or (3)(B) of |
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this subsection; and |
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(B) has previously been placed on community |
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supervision for an offense under Paragraph (A); |
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(3) the defendant is charged with an offense under: |
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(A) Section 21.02, Penal Code; or |
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(B) Section 22.021, Penal Code, that is |
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punishable under Subsection (f) of that section or under Section |
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12.42(c)(3) or (4), Penal Code; or |
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(4) the defendant is charged with an offense under |
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Section 19.02, Penal Code, except that the judge may grant deferred |
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adjudication community supervision on determining that the |
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defendant did not cause the death of the deceased, did not intend to |
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kill the deceased or another, and did not anticipate that a human |
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life would be taken. |
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SECTION 4. Section 508.145(d)(2), Government Code, is |
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amended to read as follows: |
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(2) An inmate described by Subdivision (1) is not |
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eligible for release on parole until the inmate's actual calendar |
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time served, without consideration of good conduct time, equals |
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one-half of the sentence or 30 calendar years, whichever is less, |
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but in no event is the inmate eligible for release on parole in less |
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than: |
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(A) 10 calendar years, for an inmate serving a |
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sentence for an offense for which the minimum term of imprisonment |
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has been increased under Section 12.502, Penal Code; or |
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(B) two calendar years, for an inmate serving a |
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sentence for any other offense to which this subsection applies. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2023. |