HB 1760
AN ACT relating to increasing the minimum term of imprisonment and
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
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 Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to increasing the minimum term of imprisonment and
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