Hagenbuch’s bill raises intoxication manslaughter minimum to 10 years

The text as introduced · 490 words

89R9117 LHC-D

By: Hagenbuch
S.B. No. 1133

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 certain persons convicted of

intoxication manslaughter.

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

SECTION 1. This Act may be cited as Grayson's Law.

SECTION 2. Section 49.08, Penal Code, is amended by adding

Subsection (c) to read as follows:

(c) The minimum term of imprisonment for an offense under

this section is increased to 10 years if it is shown on the trial of

the offense that at the time of the offense the person was present

in this country following the commission of an offense under

Chapter 51.

SECTION 3. Article 42A.059, Code of Criminal Procedure, is

amended to read as follows:

Art. 42A.059. PLACEMENT ON COMMUNITY SUPERVISION

PROHIBITED FOR CERTAIN OFFENSES INVOLVING ILLEGAL ENTRY INTO THIS

STATE. Notwithstanding any other provision of this chapter, a

defendant is not eligible for community supervision, including

deferred adjudication community supervision, under this chapter if

the defendant is charged with or convicted of an offense under :

(1) Chapter 51, Penal Code ; or

(2) Section 49.08, Penal Code, if the offense is

punishable under Subsection (c) of that section .

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 for an offense punishable

under Section 49.08(c), Penal Code, is not eligible for release on

parole until the actual calendar time served, without consideration

of good conduct time, equals 10 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 for an offense punishable

under Section 49.08(c), 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 10 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.