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 - Dead) 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 | |
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| 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. | ||
