87R4779 JSC-F
 
  By: Frullo H.B. No. 2327
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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, [or] 20A.03, [or]
  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; [or]
                           (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.