Bill Text: TX HB3743 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to increasing the punishment for an offense involving the operation of a motor vehicle while intoxicated in which the actor causes bodily injury to another.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-11 - Committee report sent to Calendars [HB3743 Detail]
Download: Texas-2015-HB3743-Introduced.html
84R11571 GCB-D | ||
By: Spitzer | H.B. No. 3743 |
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relating to increasing the punishment for an offense involving the | ||
operation of a motor vehicle while intoxicated in which the actor | ||
causes bodily injury to another. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 49.04, Penal Code, is amended by | ||
amending Subsection (b) and adding Subsection (e) to read as | ||
follows: | ||
(b) Except as provided by Subsections (c), [ |
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(e), and Section 49.09, an offense under this section is a Class B | ||
misdemeanor, with a minimum term of confinement of 72 hours. | ||
(e) If it is shown on the trial of an offense under this | ||
section that the person caused bodily injury to another as a result | ||
of operating a motor vehicle while intoxicated, the offense is a | ||
Class A misdemeanor. | ||
SECTION 2. Section 49.09, Penal Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1) and (a-2) to | ||
read as follows: | ||
(a) Except as provided by Subsection (a-1), (a-2), or (b), | ||
an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A | ||
misdemeanor, with a minimum term of confinement of 30 days, if it is | ||
shown on the trial of the offense that the person has previously | ||
been convicted one time of an offense relating to the operating of a | ||
motor vehicle while intoxicated, an offense of operating an | ||
aircraft while intoxicated, an offense of operating a watercraft | ||
while intoxicated, or an offense of operating or assembling an | ||
amusement ride while intoxicated. | ||
(a-1) Except as provided by Subsection (a-2) or (b), an | ||
offense under Section 49.04 is a Class A misdemeanor, with a minimum | ||
term of confinement of 180 days, if it is shown on the trial of the | ||
offense that the person: | ||
(1) caused bodily injury to another as a result of | ||
operating a motor vehicle while intoxicated; and | ||
(2) has previously been convicted of an offense under | ||
Section 49.04 punishable under Subsection (e) of that section. | ||
(a-2) Except as provided by Subsection (b), an offense under | ||
Section 49.04 punishable under Subsection (e) of that section is a | ||
state jail felony if it is shown on the trial of the offense that the | ||
person caused bodily injury to a peace officer, a firefighter, or | ||
emergency medical services personnel while in the actual discharge | ||
of an official duty. | ||
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. This Act takes effect September 1, 2015. |