Bill Text: TX HB189 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the criminal and civil consequences for certain intoxication offenses and to certain fees associated with the enforcement and administration of certain of those consequences.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2011-05-16 - Referred to Criminal Justice [HB189 Detail]
Download: Texas-2011-HB189-Introduced.html
Bill Title: Relating to the criminal and civil consequences for certain intoxication offenses and to certain fees associated with the enforcement and administration of certain of those consequences.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2011-05-16 - Referred to Criminal Justice [HB189 Detail]
Download: Texas-2011-HB189-Introduced.html
82R1493 GCB-D | ||
By: Smith of Tarrant | H.B. No. 189 |
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relating to the punishment for certain intoxication offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5(d), Article 42.12, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(d) In all other cases the judge may grant deferred | ||
adjudication unless: | ||
(1) the defendant is charged with an offense: | ||
(A) under Section 49.045, 49.07, or 49.08 | ||
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(B) under Section 49.04, 49.05, 49.06, or 49.065, | ||
Penal Code, and, at the time of the offense, the defendant held a | ||
commercial driver's license or a commercial driver learner's | ||
permit; | ||
(C) for which punishment may be increased under | ||
Section 49.09, Penal Code; or | ||
(D) for which punishment may be increased under | ||
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it | ||
is shown that the defendant has been previously convicted of an | ||
offense for which punishment was increased under any one of those | ||
subsections; | ||
(2) the defendant: | ||
(A) is charged with an offense under Section | ||
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the | ||
victim, or a felony described by Section 13B(b) of this article; and | ||
(B) has previously been placed on community | ||
supervision for any offense under Paragraph (A) of this | ||
subdivision; or | ||
(3) the defendant is charged with an offense under: | ||
(A) Section 21.02, Penal Code; or | ||
(B) Section 22.021, Penal Code, that is | ||
punishable under Subsection (f) of that section or under Section | ||
12.42(c)(3), Penal Code. | ||
SECTION 2. Section 13, Article 42.12, Code of Criminal | ||
Procedure, is amended by adding Subsection (o) to read as follows: | ||
(o) A judge granting deferred adjudication to a defendant | ||
for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal | ||
Code, shall require the defendant to have an ignition interlock | ||
device installed under Subsection (i), regardless of whether the | ||
defendant would be required to have the device installed if the | ||
defendant was convicted. | ||
SECTION 3. Section 411.081(e), Government Code, is amended | ||
to read as follows: | ||
(e) A person is entitled to petition the court under | ||
Subsection (d) only if during the period of the deferred | ||
adjudication community supervision for which the order of | ||
nondisclosure is requested and during the applicable period | ||
described by Subsection (d)(1), (2), or (3), as appropriate, the | ||
person is not convicted of or placed on deferred adjudication | ||
community supervision under Section 5, Article 42.12, Code of | ||
Criminal Procedure, for any offense other than an offense under the | ||
Transportation Code punishable by fine only. A person is not | ||
entitled to petition the court under Subsection (d) if the person | ||
was placed on the deferred adjudication community supervision for | ||
or has been previously convicted or placed on any other deferred | ||
adjudication for: | ||
(1) an offense requiring registration as a sex | ||
offender under Chapter 62, Code of Criminal Procedure; | ||
(2) an offense under Section 20.04, Penal Code, | ||
regardless of whether the offense is a reportable conviction or | ||
adjudication for purposes of Chapter 62, Code of Criminal | ||
Procedure; | ||
(3) an offense under Section 19.02, 19.03, 22.04, | ||
22.041, 25.07, or 42.072, Penal Code; [ |
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(4) any other offense involving family violence, as | ||
defined by Section 71.004, Family Code; or | ||
(5) an offense under Section 49.04, 49.05, 49.06, or | ||
49.065, Penal Code. | ||
SECTION 4. Sections 49.09(b) and (g), Penal Code, are | ||
amended to read as follows: | ||
(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or | ||
49.065 is a felony of the third degree if it is shown on the trial of | ||
the offense that the person has previously been convicted: | ||
(1) one time of an offense under Section 49.08 or an | ||
offense under the laws of another state if the offense contains | ||
elements that are substantially similar to the elements of an | ||
offense under Section 49.08; or | ||
(2) two times of any other 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. | ||
(g) A conviction may be used for purposes of enhancement | ||
under this section or enhancement under Subchapter D, Chapter 12, | ||
but not under both this section and Subchapter D. A deferred | ||
adjudication for an offense under Section 49.04, 49.05, 49.06, or | ||
49.065 is considered a conviction for purposes of enhancement of | ||
penalties under this section or Subchapter D, Chapter 12. | ||
SECTION 5. 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 when 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 was | ||
committed before that date. | ||
SECTION 6. This Act takes effect September 1, 2011. |