HB 1482 proposes to amend the Code of Criminal Procedure to expand the list of offenses for which individuals are ineligible for community supervision or parole. Specifically, it adds repeat intoxication offenses under various sections of the Penal Code to the ineligibility criteria, provided the individual has been convicted two or more times for such offenses. This change applies only to offenses committed on or after the Act's effective date of September 1, 2025.
HB 1482 proposes an amendment to Article 42A.054(a) of the Texas Code of Criminal Procedure, which outlines offenses that are ineligible for community supervision (commonly referred to as probation). The bill specifically targets repeat intoxication offenders, expanding the list of ineligible offenses to include individuals previously convicted two or more times of certain intoxication-related crimes under Chapter 49 of the Penal Code. These offenses include Driving While Intoxicated (DWI), Flying While Intoxicated, Boating While Intoxicated, and related crimes such as Intoxication Assault and Intoxication Manslaughter.
Under current law, repeat offenders of intoxication-related crimes may still be eligible for community supervision at the court’s discretion. HB 1482 would remove this discretion for individuals with at least two prior convictions for any combination of these offenses, effectively mandating incarceration rather than probation upon conviction of a new qualifying offense. This change is intended to increase accountability and public safety by ensuring that individuals with repeated intoxication offenses face more serious consequences.
The bill includes a provision specifying that it applies only to offenses committed on or after its effective date. Offenses committed prior to this date will continue to be governed by the law as it stood at the time of the offense.
The originally filed version of the bill and the Committee Substitute both seek to expand ineligibility for community supervision (probation) under Article 42A.054(a) of the Texas Code of Criminal Procedure. However, there is a significant difference in the scope of punishment addressed by the two versions.
In the originally filed version of HB 1482, the bill explicitly includes both community supervision and parole as areas of ineligibility for certain repeat intoxication offenders. This signals a broader reach of the bill, impacting not only judicial discretion at sentencing but also decisions made by the Texas Board of Pardons and Paroles regarding early release from incarceration.
By contrast, the Committee Substitute narrows the focus to community supervision only, removing any reference to parole. This change reflects a legislative decision to limit the scope of the bill to judicial sentencing decisions at the trial level, rather than extending restrictions to the post-sentencing correctional process.
Additionally, both versions maintain identical language in terms of defining which offenses trigger ineligibility—specifically, two or more prior convictions under various sections of Chapter 49 of the Penal Code. They also both include identical transition provisions, ensuring the law applies only to offenses committed on or after September 1, 2025.
In summary, the key difference is that the original bill affected both probation and parole, whereas the substitute version affects only probation. This adjustment likely reflects stakeholder input aiming to strike a balance between public safety and correctional system flexibility.