Bill Text: TX SB1310 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-09 - Referred to Criminal Justice [SB1310 Detail]

Download: Texas-2023-SB1310-Introduced.html
  88R7395 CJD-D
 
  By: Middleton S.B. No. 1310
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to enhancing the criminal penalty for the offense of
  intoxication manslaughter in certain circumstances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 49.09(b-2), Penal Code, is amended to
  read as follows:
         (b-2)  An offense under Section 49.08 is:
               (1)  a felony of the first degree if it is shown on the
  trial of the offense that the person caused the death of a person
  described by Subsection (b-1);
               (2)  a felony of the first degree punishable by
  imprisonment in the Texas Department of Criminal Justice for life
  if:
                     (A)  the actor committed the offense when younger
  than 18 years of age; and
                     (B)  it is shown on the trial of the offense that:
                           (i)  the actor was restricted to the
  operation of a motor vehicle equipped with an ignition interlock
  device under Article 17.441, Code of Criminal Procedure, Article
  42A.408, Code of Criminal Procedure, Section 521.246,
  Transportation Code, or Subsection (h) of this section; and
                           (ii)  during the commission of the offense
  the actor, in violation of the order restricting the actor to the
  operation of a motor vehicle equipped with an ignition interlock
  device, operated a motor vehicle not equipped with the device or a
  motor vehicle equipped with a device that the individual knew was
  circumvented or otherwise not functioning; or
               (3)  a felony of the first degree punishable by
  imprisonment in the Texas Department of Criminal Justice for life
  without parole if:
                     (A)  the actor committed the offense when 18 years
  of age or older; and
                     (B)  it is shown on the trial of the offense that:
                           (i)  the actor was restricted to the
  operation of a motor vehicle equipped with an ignition interlock
  device under Article 17.441, Code of Criminal Procedure, Article
  42A.408, Code of Criminal Procedure, Section 521.246,
  Transportation Code, or Subsection (h) of this section; and
                           (ii)  during the commission of the offense
  the actor, in violation of the order restricting the actor to the
  operation of a motor vehicle equipped with an ignition interlock
  device, operated a motor vehicle not equipped with the device or a
  motor vehicle equipped with a device that the individual knew was
  circumvented or otherwise not functioning.
         SECTION 2.  Section 49.09(c), Penal Code, is amended by
  adding Subdivision (5) to read as follows:
               (5)  "Ignition interlock device" has the meaning
  assigned by Article 42A.408, Code of Criminal Procedure.
         SECTION 3.  The changes in law made by this Act 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 4.  This Act takes effect September 1, 2023.
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