bill setting a five-year minimum for intoxication manslaughter

The text as introduced · 638 words

89R3208 CJD-D

By: Vasut
H.B. No. 764

A BILL TO BE ENTITLED

AN ACT

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. This Act may be cited as Lauren and CJ's Law.

SECTION 2. 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 3. 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 [ confinement ] of not

less than five years [ 120 days ] if the defendant was convicted of an

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 4. 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 5. 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 6. 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 7. This Act takes effect September 1, 2025.