81R23521 JSC-F
By: Smith of Tarrant H.B. No. 2432
Substitute the following for H.B. No. 2432:
By: Gallego C.S.H.B. No. 2432
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. Section 5(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) In all other cases the judge may grant deferred
adjudication unless:
(1) the defendant is charged with an offense:
(A) under Section 49.07 or 49.08 [Sections
49.04-49.08], Penal Code; [or]
(B) under Section 49.04, 49.045, 49.05, 49.06, or
49.065, 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 Section 13B(b) of this article; and
(B) has previously been placed on community
supervision for any offense under Paragraph (A) of this
subdivision; or
(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), Penal Code.
SECTION 2. Section 13, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (o) to read as follows:
(o) A judge granting deferred adjudication to a defendant
for an offense under Section 49.04, 49.045, 49.05, 49.06, or
49.065, Penal Code, shall require the defendant to have an ignition
interlock device installed under Subsection (i), regardless of
whether the defendant would be required to have the device
installed if the defendant was convicted.
SECTION 3. Section 411.081(e), Government Code, is amended
to read as follows:
(e) A person is entitled to petition the court under
Subsection (d) only if during the period of the deferred
adjudication community supervision for which the order of
nondisclosure is requested and during the applicable period
described by Subsection (d)(1), (2), or (3), as appropriate, the
person is not convicted of or placed on deferred adjudication
community supervision under Section 5, Article 42.12, Code of
Criminal Procedure, for any offense other than an offense under the
Transportation Code punishable by fine only. A person is not
entitled to petition the court under Subsection (d) if the person
was placed on the deferred adjudication community supervision for
or has been previously convicted or placed on any other deferred
adjudication for:
(1) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(2) 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;
(3) an offense under Section 19.02, 19.03, 22.04,
22.041, 25.07, or 42.072, Penal Code; [or]
(4) any other offense involving family violence, as
defined by Section 71.004, Family Code; or
(5) an offense under Section 49.04, 49.045, 49.05,
49.06, or 49.065, Penal Code.
SECTION 4. Sections 49.09(a), (b), and (g), Penal Code, are
amended to read as follows:
(a) Except as provided by Subsection (b), an offense under
Section 49.04, 49.045, 49.05, 49.06, or 49.065 is a Class A
misdemeanor, with a minimum term of confinement of 30 days, if it is
shown on the trial of the offense that the person has previously
been convicted one time of an offense relating to the operating of a
motor vehicle while intoxicated, an offense of operating an
aircraft while intoxicated, an offense of operating a watercraft
while intoxicated, or an offense of operating or assembling an
amusement ride while intoxicated.
(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. A deferred
adjudication for an offense under Section 49.04, 49.045, 49.05,
49.06, or 49.065 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 when 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, 2009.