Texas 2017 - 85th Regular

Texas Senate Bill SB761

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the punishment for certain intoxication offenses and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.

Impact

The implications of SB761 on state laws revolve around its effort to enhance penalties and conditions related to intoxication offenses. By allowing judges to require the installation of ignition interlock devices as a condition of community supervision, the bill seeks to ensure that defendants do not operate vehicles without proper safety measures. This change is intended to minimize repeat offenses and enhance public safety, as it directly addresses one of the significant risks posed by intoxicated drivers. Moreover, the modifications to the eligibility criteria for deferred adjudication are designed to ensure that those with prior convictions face stricter scrutiny, thereby potentially reducing repeat offenses in this category.

Summary

SB761 seeks to amend the Texas Penal Code and the Code of Criminal Procedure regarding the punishment for certain intoxication offenses and to modify eligibility for deferred adjudication community supervision. This bill specifically addresses offenses under Sections 49.04, 49.05, 49.06, and 49.065, which pertain to various intoxication-related offenses, such as operating a motor vehicle while intoxicated. It establishes stricter conditions for defendants eligible for deferred adjudication, particularly in cases where there are prior convictions for similar offenses. The bill emphasizes the creation of a more consistent approach to handling intoxication offenses within the judicial system and aims to promote accountability for offenders.

Contention

While SB761 has significant support for its aims to strengthen regulations surrounding intoxication offenses, notable points of contention are likely to arise, particularly regarding the balance between punishment and rehabilitation. Critics may argue that the increased punitive measures and restrictions could disproportionately affect low-income individuals or those who struggle with substance abuse problems, complicating their potential for rehabilitation. The bill's proponents, conversely, may emphasize the necessity of such measures as a means to protect public safety and foster responsible behavior among offenders. Overall, the bill is positioned to stimulate ongoing discussions about the effectiveness and fairness of existing laws related to intoxication offenses.

Companion Bills

TX HB2089

Identical Relating to the punishment for certain intoxication offenses and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.

Previously Filed As

TX SB324

Relating to changing the eligibility for community supervision for certain repeat intoxication offenders.

TX HB93

Relating to changing the eligibility for community supervision and parole for certain repeat intoxication offenders.

TX HB1163

Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.

TX HB1728

Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.

TX SB23

Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.

TX HB2742

Relating to increasing criminal penalties for the manufacture or delivery of certain controlled substances; changing the eligibility for community supervision, deferred adjudication community supervision, or mandatory supervision.

TX HB4843

Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.

TX HB4502

Relating to jury instructions regarding parole eligibility, to certain conditions of bail and community supervision, and to the early termination of community supervision and the dismissal and discharge of deferred adjudication community supervision.

TX HB208

Relating to the punishment for certain controlled substance offenses committed in a drug-free zone; increasing criminal penalties.

TX HB4014

Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.

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