85R6438 GCB-F
 
  By: White, Parker H.B. No. 2089
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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
  [Sections 49.04-49.08], Penal Code; [or]
                     (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; [or]
               (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.