HB5170 - 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.

  89R6366 EAS-D     By: Louderback H.B. No. 5170       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 12.503 to read as follows:           Sec.   12.503.     PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED   WITH FIREARM. (a) The minimum term of imprisonment for a second or   third degree felony listed in Article 42A.054(a), Code of Criminal   Procedure, is increased to five 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 of five years or more.          SECTION 2.  Article 42.08, Code of Criminal Procedure, is   amended by adding Subsection (b-2) to read as follows:           (b-2)     This subsection applies only to a felony listed in   Article 42A.054(a) for which the minimum term of punishment is or   has been increased to five years or more.   A judge sentencing a   defendant convicted of an offense to which this subsection applies   that was committed while on community supervision granted under   Article 42A.055 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, if an   affirmative finding has been entered in the judgment of the case   under Article 42A.054(d).          SECTION 3.  Article 42A.055, Code of Criminal Procedure, is   amended by adding Subsection (c-1) to read as follows:           (c-1)     Notwithstanding Subsection (c), 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 12.503,   Penal Code, the judge shall place the defendant on community   supervision for a minimum period of five years, with the maximum   period to be determined as provided by Article 42A.053(d)(2).          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,   49.061, 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 a second or third degree felony   listed in Article 42A.054(a) or that is any felony listed in that   subsection with a minimum term of punishment of five years or more,   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                      (B)  Section 22.021, Penal Code, that is   punishable under Subsection (f) of that section or under Section   12.42(c)(3) or (4), Penal Code; or                (4)  the defendant is charged with an offense under   Section 19.02, Penal Code, except that the judge may grant deferred   adjudication community supervision on determining that the   defendant did not cause the death of the deceased, did not intend to   kill the deceased or another, and did not anticipate that a human   life would be taken.          SECTION 5.  Section 508.145(d)(2), Government Code, is   amended to read as follows:                (2)  An inmate described by Subdivision (1) is not   eligible for release on parole until the inmate's actual calendar   time served, without consideration of good conduct time, equals   one-half of the sentence or 30 calendar years, whichever is less,   but in no event is the inmate eligible for release on parole in less   than :                       (A)     five calendar years, for an inmate serving a   sentence for an offense:                             (i)     for which the minimum term of   imprisonment was increased under Section 12.503, Penal Code; or                             (ii)     for which the punishment otherwise   required by law includes a minimum term of punishment of five years   or more, if an affirmative finding has been entered in the judgment   in the case under Article 42A.054(d), Code of Criminal Procedure;   or                       (B)   two calendar years , for an inmate serving a   sentence for any other offense to which this subsection applies .          SECTION 6.  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 occurred   before that date.          SECTION 7.  This Act takes effect September 1, 2025.