Bill Text: TX HB3598 | 2021-2022 | 87th 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, mandatory supervision, and parole for persons convicted of intoxication manslaughter.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-17 - Referred to Criminal Justice [HB3598 Detail]
Download: Texas-2021-HB3598-Introduced.html
Bill Title: Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-17 - Referred to Criminal Justice [HB3598 Detail]
Download: Texas-2021-HB3598-Introduced.html
87R4689 MCF-D | ||
By: Leach | H.B. No. 3598 |
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relating to increasing the minimum term of imprisonment and | ||
changing the eligibility for community supervision, mandatory | ||
supervision, and parole for persons convicted of intoxication | ||
manslaughter. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 49.08(b), Penal Code, is amended to read | ||
as follows: | ||
(b) Except as provided by Section 49.09, an offense under | ||
this section is a felony of the second degree with a minimum term of | ||
imprisonment of five years. | ||
SECTION 2. Article 42A.401, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) A judge granting community supervision to a defendant | ||
convicted of an offense under Chapter 49, Penal Code, shall require | ||
as a condition of community supervision that the defendant submit | ||
to: | ||
(1) not less than 72 hours of continuous confinement | ||
in county jail if the defendant was punished under Section | ||
49.09(a), Penal Code; | ||
(2) not less than five days of confinement in county | ||
jail if the defendant was punished under Section 49.09(a), Penal | ||
Code, and was subject to Section 49.09(h), Penal Code; | ||
(3) not less than 10 days of confinement in county jail | ||
if the defendant was punished under Section 49.09(b), Penal Code; | ||
(4) not less than 30 days of confinement in county jail | ||
if the defendant was convicted of an offense under Section 49.07, | ||
Penal Code; or | ||
(5) subject to Subsection (c), a term of imprisonment | ||
in the Texas Department of Criminal Justice [ |
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less than five years [ |
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offense under Section 49.08, Penal Code. | ||
(c) A judge granting community supervision to a defendant | ||
who was convicted of an offense under Section 49.08, Penal Code, may | ||
reduce the minimum term of imprisonment required under Subsection | ||
(a)(5) to a minimum term of imprisonment of not less than two years | ||
if the judge: | ||
(1) makes a finding that the best interest of the | ||
community would be served and the public would not be harmed by the | ||
reduction; and | ||
(2) enters that finding on the record. | ||
SECTION 3. Section 508.145, Government Code, is amended by | ||
adding Subsection (e-1) to read as follows: | ||
(e-1) An inmate serving a sentence under Section 49.08, | ||
Penal Code, is not eligible for release on parole until the actual | ||
calendar time served, without consideration of good conduct time, | ||
equals five years. | ||
SECTION 4. Section 508.147, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) Except as provided by Subsection (a-1) and Section | ||
508.149, a parole panel shall order the release of an inmate who is | ||
not on parole to mandatory supervision when the actual calendar | ||
time the inmate has served plus any accrued good conduct time equals | ||
the term to which the inmate was sentenced. | ||
(a-1) An inmate serving a sentence under Section 49.08, | ||
Penal Code, may not be released to mandatory supervision unless: | ||
(1) the inmate's actual calendar time served, without | ||
consideration of good conduct time, equals at least five years; and | ||
(2) the inmate is otherwise eligible for release under | ||
Subsection (a). | ||
SECTION 5. The changes in law made by this Act apply 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, 2021. |