Bill Text: TX HB2742 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to increasing criminal penalties for the manufacture or delivery of certain controlled substances; changing the eligibility for community supervision, deferred adjudication community supervision, or mandatory supervision.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-13 - Referred to Criminal Jurisprudence [HB2742 Detail]
Download: Texas-2023-HB2742-Introduced.html
88R10840 CJD-D | ||
By: Smith | H.B. No. 2742 |
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relating to increasing criminal penalties for the manufacture or | ||
delivery of certain controlled substances; changing the | ||
eligibility for community supervision, deferred adjudication | ||
community supervision, or mandatory supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42A.054(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Article 42A.053 does not apply to a defendant adjudged | ||
guilty of an offense under: | ||
(1) Section 15.03, Penal Code, if the offense is | ||
punishable as a felony of the first degree; | ||
(2) Section 19.02, Penal Code (Murder); | ||
(3) Section 19.03, Penal Code (Capital Murder); | ||
(4) Section 20.04, Penal Code (Aggravated | ||
Kidnapping); | ||
(5) Section 20A.02, Penal Code (Trafficking of | ||
Persons); | ||
(6) Section 20A.03, Penal Code (Continuous | ||
Trafficking of Persons); | ||
(7) Section 21.11, Penal Code (Indecency with a | ||
Child); | ||
(8) Section 22.011, Penal Code (Sexual Assault); | ||
(9) Section 22.021, Penal Code (Aggravated Sexual | ||
Assault); | ||
(10) Section 22.04(a)(1), Penal Code (Injury to a | ||
Child, Elderly Individual, or Disabled Individual), if: | ||
(A) the offense is punishable as a felony of the | ||
first degree; and | ||
(B) the victim of the offense is a child; | ||
(11) Section 29.03, Penal Code (Aggravated Robbery); | ||
(12) Section 30.02, Penal Code (Burglary), if: | ||
(A) the offense is punishable under Subsection | ||
(d) of that section; and | ||
(B) the actor committed the offense with the | ||
intent to commit a felony under Section 21.02, 21.11, 22.011, | ||
22.021, or 25.02, Penal Code; | ||
(13) Section 43.04, Penal Code (Aggravated Promotion | ||
of Prostitution); | ||
(14) Section 43.05, Penal Code (Compelling | ||
Prostitution); | ||
(15) Section 43.25, Penal Code (Sexual Performance by | ||
a Child); | ||
(16) Chapter 481, Health and Safety Code, for which | ||
punishment is increased under: | ||
(A) Section 481.140 of that code (Use of Child in | ||
Commission of Offense); or | ||
(B) Section 481.134(c), (d), (e), or (f) of that | ||
code (Drug-free Zones) 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 | ||
(17) Section 481.1123, Health and Safety Code | ||
(Manufacture or Delivery of Substance in Penalty Group 1-B), if the | ||
offense is punishable under Subsection (c), (d), (e), or (f) of that | ||
section. | ||
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 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 | ||
(8) is convicted of an offense under Section 481.1123, | ||
Health and Safety Code, if the offense is punishable under | ||
Subsection (c), (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; or | ||
(E) under Section 481.1123, Health and Safety | ||
Code, that is punishable under Subsection (c), (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 508.149(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 Section 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; or | ||
(22) an offense under Section 481.1123, Health and | ||
Safety Code, punished under Subsection (c), (d), (e), or (f) of that | ||
section. | ||
SECTION 5. Section 481.1123(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under Subsection (a) is a [ |
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of the third degree if the amount of the controlled substance to | ||
which the offense applies is, by aggregate weight, including | ||
adulterants or dilutants, less than one gram. | ||
SECTION 6. 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 7. This Act takes effect September 1, 2023. |