Bill Text: TX SB664 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the punishment for certain intoxication offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-09 - Meeting cancelled [SB664 Detail]

Download: Texas-2017-SB664-Introduced.html
 
 
  By: Huffines S.B. No. 664
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for certain intoxication offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.102(b), Code of Criminal Procedure,
  is 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 49.045, 49.05, 49.065, 49.07,
  or 49.08 [Sections 49.04-49.08], Penal Code; [or]
                     (B)  under Section 49.04 or 49.06, Penal Code,
  and, at the time of the offense, the defendant held a commercial
  driver's license or a commercial driver learner's permit;
                     (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, or 22.021, Penal Code, regardless of the age of the
  victim, or a felony described by Article 42A.453(b); 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 2.  Article 42A.408, Code of Criminal Procedure, is
  amended by adding Subsection (i) to read as follows:
         (i)  A judge granting deferred adjudication community
  supervision to a defendant for an offense under Section 49.04 or
  49.06, Penal Code, shall require the defendant to have an ignition
  interlock device installed under this section, regardless of
  whether the defendant would be required to have the device
  installed if the defendant was convicted.
         SECTION 3.  Section 411.074(b), Government Code, is amended
  to read as follows:
         (b)  A person may not be granted an order of nondisclosure of
  criminal history record information under this subchapter and is
  not entitled to petition the court for an order under this
  subchapter if:
               (1)  the person was convicted or placed on deferred
  adjudication community supervision for or has been previously
  convicted or placed on any other deferred adjudication community
  supervision for:
                     (A)  an offense requiring registration as a sex
  offender under Chapter 62, Code of Criminal Procedure;
                     (B)  an offense under Section 20.04, Penal Code,
  regardless of whether the offense is a reportable conviction or
  adjudication for purposes of Chapter 62, Code of Criminal
  Procedure;
                     (C)  an offense under Section 19.02, 19.03,
  20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
  Code; [or]
                     (D)  any other offense involving family violence,
  as defined by Section 71.004, Family Code; or
                     (E)  an offense under Section 49.04 or 49.06,
  Penal Code; or
               (2)  the court makes an affirmative finding that the
  offense for which the order of nondisclosure of criminal history
  record information is requested involved family violence, as
  defined by Section 71.004, Family Code.
         SECTION 4.  Sections 49.09(b) and (g), Penal Code, are
  amended to read as follows:
         (b)  An offense under Section 49.04, 49.045, 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; or
               (2)  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.
         (g)  A conviction may be used for purposes of enhancement
  under this section or enhancement under Subchapter D, Chapter 12,
  but not under both this section and Subchapter D. Deferred
  adjudication community supervision for an offense under Section
  49.04 or 49.06 is considered a conviction for purposes of
  enhancement of penalties under this section or Subchapter D,
  Chapter 12.
         SECTION 5.  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 was
  committed before that date.
         SECTION 6.  This Act takes effect September 1, 2017.
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