Bill Text: TX HB2327 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to increasing the criminal penalty for operating a watercraft while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-05 - Postponed 6/1/21 8:00 AM [HB2327 Detail]
Download: Texas-2021-HB2327-Introduced.html
87R4779 JSC-F | ||
By: Frullo | H.B. No. 2327 |
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relating to increasing the criminal penalty for operating a | ||
watercraft while intoxicated with a child passenger; changing the | ||
eligibility for deferred adjudication community supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 49.06, Penal Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) Except as provided by Subsection (c) or Section 49.09, | ||
an offense under this section is a Class B misdemeanor, with a | ||
minimum term of confinement of 72 hours. | ||
(c) If it is shown on the trial of an offense under this | ||
section that at the time of the offense the watercraft being | ||
operated by the person was occupied by a passenger who was younger | ||
than 15 years of age, the offense is a state jail felony. | ||
SECTION 2. Article 42A.102(b), Code of Criminal Procedure, | ||
as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. 3582), Acts | ||
of the 86th Legislature, Regular Session, 2019, is reenacted and | ||
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 20A.02, [ |
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49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code; | ||
(B) under Section 49.04 or 49.06, Penal Code, | ||
and, at the time of the offense: | ||
(i) the defendant held a commercial | ||
driver's license or a commercial learner's permit; [ |
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(ii) the defendant's alcohol concentration, | ||
as defined by Section 49.01, Penal Code, was 0.15 or more; or | ||
(iii) the watercraft being operated by the | ||
defendant was occupied by a passenger who was younger than 15 years | ||
of age; | ||
(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, 22.021, 43.04, or 43.05, Penal Code, regardless of | ||
the age of the victim, or a felony described by Article 42A.453(b), | ||
other than a felony described by Subdivision (1)(A) or (3)(B) of | ||
this subsection; 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 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. To the extent of any conflict, this Act prevails | ||
over another Act of the 87th Legislature, Regular Session, 2021, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 5. This Act takes effect September 1, 2021. |