HB1871

HB1871 sets a 25-year minimum prison sentence for attempted capital murder of a peace officer and bars parole and mandatory supervision for that sentence. The offense remains a first-degree felony, punishable by 25–99 years or life. The ordinary first-degree range starts at five years; HB1871 creates a special higher minimum for this offense rather than making every attempted murder a capital felony or authorizing the death penalty for an attempt. Final law, Sections 1–4; Penal Code 12.32.

The law specifically concerns an attempt to commit capital murder of a peace officer under Penal Code 19.03(a)(1). That provision concerns an officer lawfully discharging an official duty whose status is known to the actor. Criminal attempt requires specific intent and an act beyond mere preparation; the bill does not turn every assault, threat or accidental injury involving an officer into attempted capital murder. Although the underlying capital-murder provision also mentions firefighters, HB1871’s new special attempt penalty expressly names peace officers. Penal Code 15.01; Penal Code 19.03.

Parole is conditional discretionary release before a sentence ends. Mandatory supervision is a separate early-release route involving time served and good-conduct credit, subject to statutory exclusions. HB1871 adds this offense to both exclusion lists; the mandatory-supervision provision also covers a prior conviction of the specified offense. The 25-year minimum is not a promise of release or parole eligibility after 25 years. Final law; Government Code 508.001, 508.145, 508.147 and 508.149.

The changes apply only to offenses committed on or after September 1, 2025. If any element occurred before that date, prior law continues to govern. The bill also updates a cross-reference in the parole statute; it does not newly enact every other offense restriction printed in the restated lists. Final law, Sections 3, 5–6.