no community supervision for repeat intoxication offenders

The text as introduced · 575 words

89R719 CJD-D

By: Middleton
S.B. No. 518

A BILL TO BE ENTITLED

AN ACT

relating to changing the eligibility for community supervision and

parole for certain repeat intoxication offenders.

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

SECTION 1. Article 42A.054(a), Code of Criminal Procedure,

is amended to read as follows:

(a) Article 42A.053 does not apply to a defendant adjudged

guilty of an offense under:

(1) Section 15.03, Penal Code, if the offense is

punishable as a felony of the first degree;

(2) Section 19.02, Penal Code (Murder);

(3) Section 19.03, Penal Code (Capital Murder);

(4) Section 20.04, Penal Code (Aggravated

Kidnapping);

(5) Section 20A.02, Penal Code (Trafficking of

Persons);

(6) Section 20A.03, Penal Code (Continuous

Trafficking of Persons);

(7) Section 21.11, Penal Code (Indecency with a

Child);

(8) Section 22.011, Penal Code (Sexual Assault);

(9) Section 22.021, Penal Code (Aggravated Sexual

Assault);

(10) Section 22.04(a)(1), Penal Code (Injury to a

Child, Elderly Individual, or Disabled Individual), if:

(A) the offense is punishable as a felony of the

first degree; and

(B) the victim of the offense is a child;

(11) Section 29.03, Penal Code (Aggravated Robbery);

(12) Section 30.02, Penal Code (Burglary), if:

(A) the offense is punishable under Subsection

(d) of that section; and

(B) the actor committed the offense with the

intent to commit a felony under Section 21.02, 21.11, 22.011,

22.021, or 25.02, Penal Code;

(13) Section 43.04, Penal Code (Aggravated Promotion

of Prostitution);

(14) Section 43.05, Penal Code (Compelling

Prostitution);

(15) Section 43.25, Penal Code (Sexual Performance by

a Child);

(16) Section 43.26, Penal Code (Possession or

Promotion of Child Pornography);

(17) Chapter 481, Health and Safety Code, for which

punishment is increased under:

(A) Section 481.140 of that code (Use of Child in

Commission of Offense); or

(B) Section 481.134(c), (d), (e), or (f) of that

code (Drug-free Zones) if it is shown that the defendant has been

previously convicted of an offense for which punishment was

increased under any of those subsections; [ or ]

(18) Section 481.1123, Health and Safety Code

(Manufacture or Delivery of Substance in Penalty Group 1-B), if the

offense is punishable under Subsection (d), (e), or (f) of that

section ; or

(19) Section 49.04, 49.045, 49.05, 49.06, 49.061,

49.065, 49.07, or 49.08, Penal Code, if it is shown that the

defendant has been previously convicted two or more times of one of

those offenses or any combination of those offenses .

SECTION 2. Section 508.145(d), Government Code, is amended

by adding Subdivision (4) to read as follows:

(4) Notwithstanding Subdivision (2), an inmate who is

serving a sentence for an offense under Section 49.04, 49.045,

49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code, is not

eligible for release on parole if the inmate has been previously

convicted three or more times of one of those offenses or any

combination of those offenses.

SECTION 3. 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 4. This Act takes effect September 1, 2025.