Bill raises the penalty for attempted capital murder of officers

The text as introduced · 811 words

89R8815 JRR-F

By: Schwertner
S.B. No. 1272

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.