Bill Summary – FastDemocracy

      
		By: Huffman, Parker
            S.B. No. 23
         
               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 12.502 to read as follows:
         
                   Sec. 12.502.  PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED 
         
            WITH FIREARM.  (a)  The minimum term of imprisonment for a first, 
         
            second, or third degree felony listed in Article 42A.054(a), Code 
         
            of Criminal Procedure, is increased to 10 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 that exceeds 10 years.
         
                   SECTION 2.  Article 42.08, Code of Criminal Procedure, is 
         
            amended by adding Subsection (b-1) to read as follows:
         
                   (b-1)  A judge sentencing a defendant convicted of an offense 
         
            that was committed while on community supervision granted under 
         
            Article 42A.055 and for which the minimum term of imprisonment was 
         
            increased under Section 12.502, Penal Code, 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.
         
                   SECTION 3.  Article 42A.055, Code of Criminal Procedure, is 
         
            amended by adding Subsection (c-1) to read as follows:
         
                   (c-1)  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 12.502, Penal Code, the judge shall place the 
         
            defendant on community supervision for a period of 10 years.
         
                   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, 
         
            49.065, 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 punishable as a first, second, or 
         
            third degree felony listed in Article 42A.054(a), 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
         
                       &
Statutes affected: 
Introduced: Government Code 508.145 (Government Code 508)
Senate Committee Report: Government Code 508.145 (Government Code 508)
Engrossed: Government Code 508.145 (Government Code 508)


	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 12.502 to read as follows:
	Sec. 12.502. PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED
	WITH FIREARM. (a) The minimum term of imprisonment for a first,
	second, or third degree felony listed in Article 42A.054(a), Code
	of Criminal Procedure, is increased to 10 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 that exceeds 10 years.
	SECTION 2. Article 42.08, Code of Criminal Procedure, is
	amended by adding Subsection (b-1) to read as follows:
	(b-1) A judge sentencing a defendant convicted of an offense
	that was committed while on community supervision granted under
	Article 42A.055 and for which the minimum term of imprisonment was
	increased under Section 12.502, Penal Code, 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.
	SECTION 3. Article 42A.055, Code of Criminal Procedure, is
	amended by adding Subsection (c-1) to read as follows:
	(c-1) 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 12.502, Penal Code, the judge shall place the
	defendant on community supervision for a period of 10 years.
	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,
	49.065, 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 punishable as a first, second, or
	third degree felony listed in Article 42A.054(a), 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
	& Statutes affected: Introduced: Government Code 508.145 (Government Code 508) Senate Committee Report: Government Code 508.145 (Government Code 508) Engrossed: Government Code 508.145 (Government Code 508)