Bill Text: TX HB99 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the punishment for certain intoxication-related offenses; creating the offense of aggravated driving while intoxicated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-02 - Committee report sent to Calendars [HB99 Detail]
Download: Texas-2011-HB99-Comm_Sub.html
82R24364 JSC-D | |||
By: Martinez Fischer | H.B. No. 99 | ||
Substitute the following for H.B. No. 99: | |||
By: Gallego | C.S.H.B. No. 99 |
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relating to the punishment for certain intoxication-related | ||
offenses; creating the offense of aggravated driving while | ||
intoxicated. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 49, Penal Code, is amended by adding | ||
Section 49.046 to read as follows: | ||
Sec. 49.046. AGGRAVATED DRIVING WHILE INTOXICATED. (a) A | ||
person commits an offense if: | ||
(1) the person is intoxicated while operating a motor | ||
vehicle in a public place; and | ||
(2) the person: | ||
(A) has an alcohol concentration of 0.16 or more; | ||
or | ||
(B) has an alcohol concentration of 0.02 or more | ||
and is operating a commercial motor vehicle, as defined by Section | ||
522.003, Transportation Code. | ||
(b) Except as provided by Section 49.09, an offense under | ||
this section is a Class A misdemeanor, with a minimum term of | ||
confinement of 30 days. As provided by Article 42.033, Code of | ||
Criminal Procedure, the judge of the sentencing court may permit | ||
the person to serve the person's term of confinement | ||
intermittently. | ||
SECTION 2. Section 49.09, Penal Code, is amended by | ||
amending Subsections (b) and (h) and adding Subsection (b-4) to | ||
read as follows: | ||
(b) An offense under Section 49.04, 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; [ |
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(2) one time of an offense under Section 49.046 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 49.046; or | ||
(3) 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. | ||
(b-4) An offense under Section 49.046 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) 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. | ||
(h) This subsection applies only to a person convicted of an | ||
offense under Section 49.046 or a second or subsequent offense | ||
relating to the operating of a motor vehicle while intoxicated | ||
committed within five years of the date on which the most recent | ||
preceding offense was committed. The court shall enter an order | ||
that requires the defendant to have a device installed, on each | ||
motor vehicle owned or operated by the defendant, that uses a | ||
deep-lung breath analysis mechanism to make impractical the | ||
operation of the motor vehicle if ethyl alcohol is detected in the | ||
breath of the operator, and that requires that before the first | ||
anniversary of the ending date of the period of license suspension | ||
under Section 521.344, Transportation Code, the defendant not | ||
operate any motor vehicle that is not equipped with that device. | ||
The court shall require the defendant to obtain the device at the | ||
defendant's own cost on or before that ending date, require the | ||
defendant to provide evidence to the court on or before that ending | ||
date that the device has been installed on each appropriate | ||
vehicle, and order the device to remain installed on each vehicle | ||
until the first anniversary of that ending date. If the court | ||
determines the offender is unable to pay for the device, the court | ||
may impose a reasonable payment schedule not to extend beyond the | ||
first anniversary of the date of installation. The Department of | ||
Public Safety shall approve devices for use under this subsection. | ||
Section 521.247, Transportation Code, applies to the approval of a | ||
device under this subsection and the consequences of that approval. | ||
Failure to comply with an order entered under this subsection is | ||
punishable by contempt. For the purpose of enforcing this | ||
subsection, the court that enters an order under this subsection | ||
retains jurisdiction over the defendant until the date on which the | ||
device is no longer required to remain installed. To the extent of | ||
a conflict between this subsection and Section 13(i), Article | ||
42.12, Code of Criminal Procedure, this subsection controls. | ||
SECTION 3. Subchapter I, Chapter 545, Transportation Code, | ||
is amended by adding Section 545.429 to read as follows: | ||
Sec. 545.429. CONVICTION FOR AGGRAVATED DRIVING WHILE | ||
INTOXICATED; IMPOUNDMENT OR IMMOBILIZATION OF VEHICLE. (a) A | ||
court that convicts a person for an offense under Section 49.046, | ||
Penal Code, shall order the sheriff of the county in which the court | ||
has jurisdiction to impound or immobilize the motor vehicle | ||
operated by the person at the time of the offense for a period of | ||
seven days beginning on the day after the date the court enters the | ||
conviction if the person: | ||
(1) was an owner of the motor vehicle at the time of | ||
the offense; | ||
(2) is an owner of the motor vehicle on the date the | ||
court enters the conviction; and | ||
(3) is the primary operator of the motor vehicle on the | ||
date the court enters the conviction. | ||
(b) A sheriff acting under a court order issued under | ||
Subsection (a) may require that the motor vehicle, prior to | ||
immobilization, be taken to: | ||
(1) a garage or other place of safety; or | ||
(2) a garage designated or maintained by the county. | ||
(c) Notwithstanding Article 18.23, Code of Criminal | ||
Procedure, the person convicted of an offense under Section 49.046, | ||
Penal Code, is liable for all removal and storage fees incurred as a | ||
result of the impoundment or immobilization of the motor vehicle | ||
and is not entitled to take possession of the vehicle until those | ||
fees are paid. | ||
SECTION 4. 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 | ||
covered by the law in effect when 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 was committed before that | ||
date. | ||
SECTION 5. This Act takes effect September 1, 2011. |