Bill Text: TX HB2089 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the punishment for certain intoxication offenses and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB2089 Detail]
Download: Texas-2017-HB2089-Comm_Sub.html
| 85R6438 GCB-F | ||
| By: White, Parker | H.B. No. 2089 | |
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| relating to the punishment for certain intoxication offenses and | ||
| the eligibility for deferred adjudication community supervision of | ||
| defendants who committed certain intoxication offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 42A.102(b), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (b) In all other cases, the judge may grant deferred | ||
| adjudication community supervision 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 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 Article 42A.453(b); and | ||
| (B) has previously been placed on community | ||
| supervision for an offense under Paragraph (A); | ||
| (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) or (4), Penal Code; or | ||
| (4) the defendant is charged with an offense under | ||
| Section 19.02, Penal Code, except that the judge may grant deferred | ||
| adjudication community supervision on determining that the | ||
| defendant did not cause the death of the deceased, did not intend to | ||
| kill the deceased or another, and did not anticipate that a human | ||
| life would be taken. | ||
| SECTION 2. Article 42A.408, Code of Criminal Procedure, is | ||
| amended by adding Subsection (e-1) to read as follows: | ||
| (e-1) A judge granting deferred adjudication community | ||
| supervision to a defendant for an offense under Section 49.04, | ||
| 49.05, 49.06, or 49.065, Penal Code, shall require the defendant as | ||
| a condition of community supervision to have an ignition interlock | ||
| device installed on the motor vehicle owned by the defendant or on | ||
| the vehicle most regularly driven by the defendant and that the | ||
| defendant not operate any motor vehicle that is not equipped with | ||
| that device. This subsection applies regardless of whether the | ||
| defendant would be required to have an ignition interlock installed | ||
| on conviction of the offense for which deferred adjudication | ||
| community supervision is granted. | ||
| SECTION 3. Section 411.074(b), Government Code, is amended | ||
| to read as follows: | ||
| (b) A person may not be granted an order of nondisclosure of | ||
| criminal history record information under this subchapter and is | ||
| not entitled to petition the court for an order under this | ||
| subchapter if: | ||
| (1) the person was convicted or placed on deferred | ||
| adjudication community supervision for or has been previously | ||
| convicted or placed on any other deferred adjudication community | ||
| supervision for: | ||
| (A) an offense requiring registration as a sex | ||
| offender under Chapter 62, Code of Criminal Procedure; | ||
| (B) 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; | ||
| (C) an offense under Section 19.02, 19.03, | ||
| 20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal | ||
| Code; or | ||
| (D) any other offense involving family violence, | ||
| as defined by Section 71.004, Family Code; [ |
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| (2) the defendant was placed on deferred adjudication | ||
| community supervision for an offense under Section 49.04, 49.05, | ||
| 49.06, or 49.065, Penal Code; or | ||
| (3) the court makes an affirmative finding that the | ||
| offense for which the order of nondisclosure of criminal history | ||
| record information is requested involved family violence, as | ||
| defined by Section 71.004, Family 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. For purposes of | ||
| this section, a person is considered to have been convicted of an | ||
| offense under Section 49.04, 49.05, 49.06, or 49.065, if the person | ||
| was placed on deferred adjudication community supervision for the | ||
| offense under Article 42A.102, Code of Criminal Procedure. | ||
| SECTION 5. The changes in law made by this Act to Articles | ||
| 42A.102 and 42A.408, Code of Criminal Procedure, apply only to the | ||
| eligibility for deferred adjudication community supervision of a | ||
| defendant for an offense committed on or after the effective date of | ||
| this Act. The eligibility for deferred adjudication community | ||
| supervision of a defendant for 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 6. The changes in law made by this Act to Section | ||
| 49.09, Penal Code, 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, 2017. | ||
