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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain intoxication offenses and |
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the eligibility for deferred adjudication community supervision of |
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defendants who committed certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.102(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) In all other cases, the judge may grant deferred |
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adjudication community supervision unless: |
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(1) the defendant is charged with an offense: |
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(A) under Section 49.045, 49.07, or 49.08 |
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[Sections 49.04-49.08], Penal Code; [or] |
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(B) under Section 49.04, 49.05, 49.06, or 49.065, |
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Penal Code, and, at the time of the offense, the defendant held a |
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commercial driver's license or a commercial learner's permit; |
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(C) for which punishment may be increased under |
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Section 49.09, Penal Code; or |
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(D) for which punishment may be increased under |
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Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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is shown that the defendant has been previously convicted of an |
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offense for which punishment was increased under any one of those |
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subsections; |
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(2) the defendant: |
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(A) is charged with an offense under Section |
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21.11, 22.011, or 22.021, Penal Code, regardless of the age of the |
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victim, or a felony described by Article 42A.453(b); and |
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(B) has previously been placed on community |
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supervision for an offense under Paragraph (A); |
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(3) the defendant is charged with an offense under: |
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(A) Section 21.02, Penal Code; or |
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(B) Section 22.021, Penal Code, that is |
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punishable under Subsection (f) of that section or under Section |
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12.42(c)(3) or (4), Penal Code; or |
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(4) the defendant is charged with an offense under |
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Section 19.02, Penal Code, except that the judge may grant deferred |
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adjudication community supervision on determining that the |
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defendant did not cause the death of the deceased, did not intend to |
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kill the deceased or another, and did not anticipate that a human |
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life would be taken. |
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SECTION 2. Article 42A.408, Code of Criminal Procedure, is |
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amended by adding Subsection (e-1) to read as follows: |
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(e-1) A judge granting deferred adjudication community |
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supervision to a defendant for an offense under Section 49.04, |
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49.05, 49.06, or 49.065, Penal Code, shall require the defendant as |
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a condition of community supervision to have an ignition interlock |
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device installed on the motor vehicle owned by the defendant or on |
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the vehicle most regularly driven by the defendant and that the |
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defendant not operate any motor vehicle that is not equipped with |
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that device. This subsection applies regardless of whether the |
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defendant would be required to have an ignition interlock installed |
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on conviction of the offense for which deferred adjudication |
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community supervision is granted. |
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SECTION 3. Section 411.074(b), Government Code, is amended |
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to read as follows: |
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(b) A person may not be granted an order of nondisclosure of |
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criminal history record information under this subchapter and is |
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not entitled to petition the court for an order under this |
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subchapter if: |
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(1) the person was convicted or placed on deferred |
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adjudication community supervision for or has been previously |
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convicted or placed on any other deferred adjudication community |
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supervision for: |
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(A) an offense requiring registration as a sex |
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offender under Chapter 62, Code of Criminal Procedure; |
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(B) an offense under Section 20.04, Penal Code, |
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regardless of whether the offense is a reportable conviction or |
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adjudication for purposes of Chapter 62, Code of Criminal |
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Procedure; |
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(C) an offense under Section 19.02, 19.03, |
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20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal |
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Code; or |
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(D) any other offense involving family violence, |
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as defined by Section 71.004, Family Code; [or] |
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(2) the defendant was placed on deferred adjudication |
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community supervision for an offense under Section 49.04, 49.05, |
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49.06, or 49.065, Penal Code; or |
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(3) the court makes an affirmative finding that the |
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offense for which the order of nondisclosure of criminal history |
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record information is requested involved family violence, as |
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defined by Section 71.004, Family Code. |
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SECTION 4. Sections 49.09(b) and (g), Penal Code, are |
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amended to read as follows: |
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(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or |
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49.065 is a felony of the third degree if it is shown on the trial of |
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the offense that the person has previously been convicted: |
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(1) one time of an offense under Section 49.08 or an |
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offense under the laws of another state if the offense contains |
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elements that are substantially similar to the elements of an |
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offense under Section 49.08; or |
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(2) two times of any other offense relating to the |
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operating of a motor vehicle while intoxicated, operating an |
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aircraft while intoxicated, operating a watercraft while |
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intoxicated, or operating or assembling an amusement ride while |
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intoxicated. |
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(g) A conviction may be used for purposes of enhancement |
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under this section or enhancement under Subchapter D, Chapter 12, |
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but not under both this section and Subchapter D. For purposes of |
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this section, a person is considered to have been convicted of an |
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offense under Section 49.04, 49.05, 49.06, or 49.065, if the person |
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was placed on deferred adjudication community supervision for the |
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offense under Article 42A.102, Code of Criminal Procedure. |
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SECTION 5. The changes in law made by this Act to Articles |
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42A.102 and 42A.408, Code of Criminal Procedure, apply only to the |
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eligibility for deferred adjudication community supervision of a |
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defendant for an offense committed on or after the effective date of |
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this Act. The eligibility for deferred adjudication community |
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supervision of a defendant for an offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 6. The changes in law made by this Act to Section |
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49.09, Penal Code, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |