bill raising prison minimums for felonies with a firearm

The text as introduced · 1,010 words

89R6366 EAS-D

By: Louderback
H.B. No. 5170

A BILL TO BE ENTITLED

AN ACT

relating to increasing the minimum term of imprisonment and

changing the eligibility for community supervision and parole for

certain felony offenses in which a firearm is used or exhibited and

to certain consequences on conviction of certain offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended

by adding Section 12.503 to read as follows:

Sec. 12.503. PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED

WITH FIREARM. (a) The minimum term of imprisonment for a second or

third degree felony listed in Article 42A.054(a), Code of Criminal

Procedure, is increased to five years if an affirmative finding has

been entered in the judgment in the case under Article 42A.054(d),

Code of Criminal Procedure.

(b) Subsection (a) does not apply to a felony offense for

which the punishment otherwise required by law includes a minimum

term of imprisonment of five years or more.

SECTION 2. Article 42.08, Code of Criminal Procedure, is

amended by adding Subsection (b-2) to read as follows:

(b-2) This subsection applies only to a felony listed in

Article 42A.054(a) for which the minimum term of punishment is or

has been increased to five years or more. A judge sentencing a

defendant convicted of an offense to which this subsection applies

that was committed while on community supervision granted under

Article 42A.055 shall order the sentence for the offense to

commence immediately on completion of the sentence for the offense

for which the defendant was placed on community supervision, if an

affirmative finding has been entered in the judgment of the case

under Article 42A.054(d).

SECTION 3. Article 42A.055, Code of Criminal Procedure, is

amended by adding Subsection (c-1) to read as follows:

(c-1) Notwithstanding Subsection (c), if the jury

recommends to the judge that the judge place the defendant on

community supervision for an offense for which the minimum term of

imprisonment for the offense is increased under Section 12.503,

Penal Code, the judge shall place the defendant on community

supervision for a minimum period of five years, with the maximum

period to be determined as provided by Article 42A.053(d)(2).

SECTION 4. 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,

49.061, 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) that is a second or third degree felony

listed in Article 42A.054(a) or that is any felony listed in that

subsection with a minimum term of punishment of five years or more,

if the judge finds that a firearm was used or exhibited during the

commission of the offense or during the immediate flight from the

commission of the offense; or

(F) under Section 481.1123, Health and Safety

Code, that is punishable under Subsection (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 5. Section 508.145(d)(2), Government Code, is

amended to read as follows:

(2) An inmate described by Subdivision (1) is not

eligible for release on parole until the inmate's actual calendar

time served, without consideration of good conduct time, equals

one-half of the sentence or 30 calendar years, whichever is less,

but in no event is the inmate eligible for release on parole in less

than :

(A) five calendar years, for an inmate serving a

sentence for an offense:

(i) for which the minimum term of

imprisonment was increased under Section 12.503, Penal Code; or

(ii) for which the punishment otherwise

required by law includes a minimum term of punishment of five years

or more, if an affirmative finding has been entered in the judgment

in the case under Article 42A.054(d), Code of Criminal Procedure;

or

(B) two calendar years , for an inmate serving a

sentence for any other offense to which this subsection applies .

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, 2025.