The text as introduced · 811 words
89R8815 JRR-F
By: Dyson
H.B. No. 1871
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the criminal offense of attempted
capital murder of a peace officer; increasing a criminal penalty;
changing eligibility for parole and mandatory supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.01, Penal Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
follows:
(d) Except as provided by Subsection (e), an [ An ] offense
under this section is one category lower than the offense
attempted, and if the offense attempted is a state jail felony, the
offense is a Class A misdemeanor.
(e) If the offense attempted is capital murder of a peace
officer under Section 19.03(a)(1), the offense is a felony of the
first degree, punishable by imprisonment in the Texas Department of
Criminal Justice for life or for any term of not more than 99 years
or less than 25 years.
SECTION 2. Section 508.145(a), Government Code, is amended
to read as follows:
(a) An inmate is not eligible for release on parole if the
inmate is under sentence of death, serving a sentence of life
imprisonment without parole, or serving a sentence for any of the
following offenses under the Penal Code:
(1) Section 15.01, if the offense is punishable under
Subsection (e) of that section;
(2) Section 20A.03, if the offense is based partly or
wholly on conduct constituting an offense under Section
20A.02(a)(5), (6), (7), or (8);
(3) [ (2) ] Section 21.02;
(4) [ (3) ] Section 22.021, if the offense is punishable
under Subsection (f) of that section; or
(5) [ (4) ] Section 51.03 or 51.04.
SECTION 3. Section 508.145(d)(1), Government Code, is
amended to read as follows:
(d)(1) This subsection applies only to an inmate who is
serving a sentence for:
(A) an offense described by Article 42A.054(a),
Code of Criminal Procedure, other than an offense under Section
19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that
is described by Subsection (a)(2) [ (a)(1) ] or (c-1)(1);
(B) an offense for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure; or
(C) an offense under Section 71.02 or 71.023,
Penal Code.
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 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;
(22) an offense under Section 481.1123, Health and
Safety Code, punished under Subsection (d), (e), or (f) of that
section;
(23) a second degree felony under Section 22.01, Penal
Code; [ or ]
(24) an offense under Section 22.01, Penal Code,
punished under Subsection (b)(2), (7), or (8) of that section ; or
(25) an offense under Section 15.01, Penal Code,
punished under Subsection (e) of that section .
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 was
committed before that date.
SECTION 6. This Act takes effect September 1, 2025.
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