Bill Text: TX HB1327 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to enhancing the penalty for intoxication assault and intoxication manslaughter in certain circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-09 - Committee report sent to Calendars [HB1327 Detail]
Download: Texas-2017-HB1327-Introduced.html
85R6334 JSC-D | ||
By: Metcalf | H.B. No. 1327 |
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relating to enhancing the penalty for intoxication assault and | ||
intoxication manslaughter in certain circumstances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 49.09(b-1), (b-2), and (b-3), Penal | ||
Code, are amended to read as follows: | ||
(b-1) An offense under Section 49.07 is a felony of the | ||
second degree if it is shown on the trial of the offense that the | ||
person: | ||
(1) caused serious bodily injury to: | ||
(A) a peace officer, a firefighter, or emergency | ||
medical services personnel while in the actual discharge of an | ||
official duty; | ||
(B) another in the nature of a traumatic brain | ||
injury that results in a persistent vegetative state; | ||
(C) more than one person during the same criminal | ||
transaction; or | ||
(D) a person who is younger than 17 years of age; | ||
(2) failed to stop, render aid, or provide information | ||
in violation of Section 550.021 or 550.023, Transportation Code; | ||
(3) was operating a motor vehicle: | ||
(A) without a valid driver's license appropriate | ||
for the class of vehicle being operated in violation of Section | ||
521.021, 521.025, 521.457, 522.011, or 601.371, Transportation | ||
Code; or | ||
(B) without evidence of financial responsibility | ||
in violation of Subchapter G, Chapter 601, Transportation Code; | ||
(4) failed to stop for, fled from, or evaded a pursuing | ||
law enforcement officer in violation of Section 38.04 of this code | ||
or Section 545.421, Transportation Code; or | ||
(5) had previously been convicted one or more times of | ||
an offense relating to the operating of a motor vehicle while | ||
intoxicated, operating an aircraft while intoxicated, operating a | ||
watercraft while intoxicated, or operating or assembling an | ||
amusement ride while intoxicated. | ||
(b-2) An offense under Section 49.08 is a felony of the | ||
first degree if it is shown on the trial of the offense that the | ||
person: | ||
(1) caused the death of: | ||
(A) a peace officer, a firefighter, or emergency | ||
medical services personnel while in the actual discharge of an | ||
official duty; | ||
(B) more than one person during the same criminal | ||
transaction; or | ||
(C) a person who is younger than 17 years of age; | ||
(2) failed to stop, render aid, or provide information | ||
in violation of Section 550.021 or 550.023, Transportation Code; | ||
(3) was operating a motor vehicle: | ||
(A) without a valid driver's license appropriate | ||
for the class of vehicle being operated in violation of Section | ||
521.021, 521.025, 521.457, 522.011, or 601.371, Transportation | ||
Code; or | ||
(B) without evidence of financial responsibility | ||
in violation of Subchapter G, Chapter 601, Transportation Code; | ||
(4) failed to stop for, fled from, or evaded a pursuing | ||
law enforcement officer in violation of Section 38.04 of this code | ||
or Section 545.421, Transportation Code; or | ||
(5) had previously been convicted one or more times of | ||
an offense relating to the operating of a motor vehicle while | ||
intoxicated, operating an aircraft while intoxicated, operating a | ||
watercraft while intoxicated, or operating or assembling an | ||
amusement ride while intoxicated [ |
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(b-3) For the purposes of Subsections [ |
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and (b-2): | ||
(1) "Emergency medical services personnel" has the | ||
meaning assigned by Section 773.003, Health and Safety Code. | ||
(2) "Firefighter" means: | ||
(A) an individual employed by this state or by a | ||
political or legal subdivision of this state who is subject to | ||
certification by the Texas Commission on Fire Protection; or | ||
(B) a member of an organized volunteer | ||
fire-fighting unit that: | ||
(i) renders fire-fighting services without | ||
remuneration; and | ||
(ii) conducts a minimum of two drills each | ||
month, each at least two hours long. | ||
SECTION 2. Section 49.09(b-4), Penal Code, is repealed. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2017. |