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 | |
|
|
||
|
|
||
| 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. | ||
