HB 1760

AN ACT relating to increasing the minimum term of imprisonment and

House Bill Leach | Cook | Leo Wilson | Olcott
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

Lauren and CJ's Law increases penalties for intoxication-related offenses, particularly those involving serious injury or death. The bill mandates longer minimum prison sentences, requires mandatory jail time for community supervision, and restricts parole and mandatory supervision eligibility for offenders convicted under Section 49.08 of the Penal Code. Specifically, the law requires a minimum five-year prison term for certain intoxication offenses, with judges having limited discretion to reduce the sentence to two years if they can justify it would not harm public safety. Offenders must serve at least five full calendar years before becoming eligible for parole or mandatory supervision, regardless of good conduct time.

Subject Areas

Bill Text

relating to increasing the minimum term of imprisonment and
changing the eligibility for community supervision, mandatory
supervision, and parole for persons convicted of intoxication
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  This Act may be cited as Lauren and CJ's Law.
SECTION 2.  Section 49.08(b), Penal Code, is amended to read
(b)  Except as provided by Section 49.09, an offense under
this section is a felony of the second degree with a minimum term of
SECTION 3.  Article 42A.401, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (c) to
(a)  A judge granting community supervision to a defendant
convicted of an offense under Chapter 49, Penal Code, shall require
as a condition of community supervision that the defendant submit
(1)  not less than 72 hours of continuous confinement
in county jail if the defendant was punished under Section
(2)  not less than five days of confinement in county
jail if the defendant was punished under Section 49.09(a), Penal
Code, and was subject to Section 49.09(h), Penal Code;
(3)  not less than 10 days of confinement in county jail
if the defendant was punished under Section 49.09(b), Penal Code;
(4)  not less than 30 days of confinement in county jail
if the defendant was convicted of an offense under Section 49.07,
(5)  subject to Subsection (c), a term of imprisonment
in the Texas Department of Criminal Justice [confinement] of not
less than five years [120 days] if the defendant was convicted of an
offense under Section 49.08, Penal Code.
(c)  A judge granting community supervision to a defendant
who was convicted of an offense under Section 49.08, Penal Code, may
reduce the minimum term of imprisonment required under Subsection
(a)(5) to a minimum term of imprisonment of not less than two years
(1)  makes a finding that the best interest of the
community would be served and the public would not be harmed by the
(2)  enters that finding on the record.
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 under Section 49.08,
Penal Code, is not eligible for release on parole until the actual
calendar time served, without consideration of good conduct time,
SECTION 5.  Section 508.147, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
(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 under Section 49.08,
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 five years; and
(2)  the inmate is otherwise eligible for release under
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.

Bill History

filed

Bill filed: AN ACT relating to increasing the minimum term of imprisonment and