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 | |
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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 [ |
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(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; [ |
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(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. |