Texas 2009 - 81st Regular

Texas Senate Bill SB486 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3264 JSC-D
2	2	By: Deuell S.B. No. 486
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a person's eligibility for community supervision on
8	8	conviction of intoxication manslaughter.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 3g(a), Article 42.12, Code of Criminal
11	11	Procedure, as amended by Chapters 405 (S.B. 877) and 593 (H.B. 8),
12	12	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
13	13	and amended to read as follows:
14	14	(a) The provisions of Section 3 of this article do not
15	15	apply:
16	16	(1) to a defendant adjudged guilty of an offense
17	17	under:
18	18	(A) Section 19.02, Penal Code (Murder);
19	19	(B) Section 19.03, Penal Code (Capital murder);
20	20	(C) Section 21.11(a)(1), Penal Code (Indecency
21	21	with a child);
22	22	(D) Section 20.04, Penal Code (Aggravated
23	23	kidnapping);
24	24	(E) Section 22.021, Penal Code (Aggravated
25	25	sexual assault);
26	26	(F) Section 29.03, Penal Code (Aggravated
27	27	robbery);
28	28	(G) Chapter 481, Health and Safety Code, for
29	29	which punishment is increased under:
30	30	(i) Section 481.140, Health and Safety
31	31	Code; or
32	32	(ii) Section 481.134(c), (d), (e), or (f),
33	33	Health and Safety Code, if it is shown that the defendant has been
34	34	previously convicted of an offense for which punishment was
35	35	increased under any of those subsections;
36	36	(H) Section 22.011, Penal Code (Sexual assault);
37	37	[or]
38	38	(I) Section 22.04(a)(1), Penal Code (Injury to a
39	39	child, elderly individual, or disabled individual), if the offense
40	40	is punishable as a felony of the first degree and the victim of the
41	41	offense is a child; [or]
42	42	(J) [(I)] Section 43.25, Penal Code (Sexual
43	43	performance by a child); or
44	44	(K) Section 49.08, Penal Code (Intoxication
45	45	manslaughter); or
46	46	(2) to a defendant when it is shown that a deadly
47	47	weapon as defined in Section 1.07, Penal Code, was used or exhibited
48	48	during the commission of a felony offense or during immediate
49	49	flight therefrom, and that the defendant used or exhibited the
50	50	deadly weapon or was a party to the offense and knew that a deadly
51	51	weapon would be used or exhibited. On an affirmative finding under
52	52	this subdivision, the trial court shall enter the finding in the
53	53	judgment of the court. On an affirmative finding that the deadly
54	54	weapon was a firearm, the court shall enter that finding in its
55	55	judgment.
56	56	SECTION 2. Section 4(d), Article 42.12, Code of Criminal
57	57	Procedure, as amended by Chapters 593 (H.B. 8) and 1205 (H.B. 1678),
58	58	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
59	59	and amended to read as follows:
60	60	(d) A defendant is not eligible for community supervision
61	61	under this section if the defendant:
62	62	(1) is sentenced to a term of imprisonment that
63	63	exceeds 10 years;
64	64	(2) is convicted of a state jail felony for which
65	65	suspension of the imposition of the sentence occurs automatically
66	66	under Section 15(a);
67	67	(3) does not file a sworn motion under Subsection (e)
68	68	of this section or for whom the jury does not enter in the verdict a
69	69	finding that the information contained in the motion is true;
70	70	(4) is convicted of an offense for which punishment is
71	71	increased under Section 481.134(c), (d), (e), or (f), Health and
72	72	Safety Code, if it is shown that the defendant has been previously
73	73	convicted of an offense for which punishment was increased under
74	74	any one of those subsections;
75	75	(5) is convicted of an offense listed in Section
76	76	3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
77	77	than 14 years of age at the time the offense was committed;
78	78	(6) is convicted of an offense listed in Section
79	79	3g(a)(1)(D), if the victim of the offense was younger than 14 years
80	80	of age at the time the offense was committed and the actor committed
81	81	the offense with the intent to violate or abuse the victim sexually;
82	82	[or]
83	83	(7) is convicted of an offense listed in Section
84	84	3g(a)(1)(J) or (K); or
85	85	(8) [3g(a)(1)(I)] is adjudged guilty of an offense
86	86	under Section 19.02, Penal Code.
87	87	SECTION 3. Sections 13(f), (g), (h), (i), and (n), Article
88	88	42.12, Code of Criminal Procedure, are amended to read as follows:
89	89	(f) If a judge grants community supervision to a defendant
90	90	convicted of an offense under Sections 49.04-49.07 [49.04-49.08],
91	91	Penal Code, and if before receiving community supervision the
92	92	defendant has not submitted to an evaluation under Section 9 of this
93	93	article, the judge shall require the defendant to submit to the
94	94	evaluation as a condition of community supervision. If the
95	95	evaluation indicates to the judge that the defendant is in need of
96	96	treatment for drug or alcohol dependency, the judge shall require
97	97	the defendant to submit to that treatment as a condition of
98	98	community supervision in a program or facility approved or licensed
99	99	by the Texas Commission on Alcohol and Drug Abuse or in a program or
100	100	facility that complies with standards established by the community
101	101	justice assistance division of the Texas Department of Criminal
102	102	Justice, after consultation by the division with the commission.
103	103	(g) A jury that recommends community supervision for a
104	104	person convicted of an offense under Sections 49.04-49.07
105	105	[49.04-49.08], Penal Code, may recommend that any driver's license
106	106	issued to the defendant under Chapter 521, Transportation Code, not
107	107	be suspended. This subsection does not apply to a person punished
108	108	under Section 49.09(a) or (b), Penal Code, and subject to Section
109	109	49.09(h) of that code.
110	110	(h) If a person convicted of an offense under Sections
111	111	49.04-49.07 [49.04-49.08], Penal Code, is placed on community
112	112	supervision, the judge shall require, as a condition of the
113	113	community supervision, that the defendant attend and successfully
114	114	complete before the 181st day after the day community supervision
115	115	is granted an educational program jointly approved by the Texas
116	116	Commission on Alcohol and Drug Abuse, the Department of Public
117	117	Safety, the Traffic Safety Section of the Texas Department of
118	118	Transportation, and the community justice assistance division of
119	119	the Texas Department of Criminal Justice designed to rehabilitate
120	120	persons who have driven while intoxicated. The Texas Commission on
121	121	Alcohol and Drug Abuse shall publish the jointly approved rules and
122	122	shall monitor, coordinate, and provide training to persons
123	123	providing the educational programs. The Texas Commission on
124	124	Alcohol and Drug Abuse is responsible for the administration of the
125	125	certification of approved educational programs and may charge a
126	126	nonrefundable application fee for the initial certification of
127	127	approval and for renewal of a certificate. The judge may waive the
128	128	educational program requirement or may grant an extension of time
129	129	to successfully complete the program that expires not later than
130	130	one year after the beginning date of the person's community
131	131	supervision, however, if the defendant by a motion in writing shows
132	132	good cause. In determining good cause, the judge may consider but
133	133	is not limited to: the defendant's school and work schedule, the
134	134	defendant's health, the distance that the defendant must travel to
135	135	attend an educational program, and the fact that the defendant
136	136	resides out of state, has no valid driver's license, or does not
137	137	have access to transportation. The judge shall set out the finding
138	138	of good cause for waiver in the judgment. If a defendant is
139	139	required, as a condition of community supervision, to attend an
140	140	educational program or if the court waives the educational program
141	141	requirement, the court clerk shall immediately report that fact to
142	142	the Department of Public Safety, on a form prescribed by the
143	143	department, for inclusion in the person's driving record. If the
144	144	court grants an extension of time in which the person may complete
145	145	the program, the court clerk shall immediately report that fact to
146	146	the Department of Public Safety on a form prescribed by the
147	147	department. The report must include the beginning date of the
148	148	person's community supervision. Upon the person's successful
149	149	completion of the educational program, the person's instructor
150	150	shall give notice to the Department of Public Safety for inclusion
151	151	in the person's driving record and to the community supervision and
152	152	corrections department. The community supervision and corrections
153	153	department shall then forward the notice to the court clerk for
154	154	filing. If the Department of Public Safety does not receive notice
155	155	that a defendant required to complete an educational program has
156	156	successfully completed the program within the period required by
157	157	this section, as shown on department records, the department shall
158	158	revoke the defendant's driver's license, permit, or privilege or
159	159	prohibit the person from obtaining a license or permit, as provided
160	160	by Sections 521.344(e) and (f), Transportation Code. The Department
161	161	of Public Safety may not reinstate a license suspended under this
162	162	subsection unless the person whose license was suspended makes
163	163	application to the department for reinstatement of the person's
164	164	license and pays to the department a reinstatement fee of $50. The
165	165	Department of Public Safety shall remit all fees collected under
166	166	this subsection to the comptroller for deposit in the general
167	167	revenue fund. This subsection does not apply to a defendant if a
168	168	jury recommends community supervision for the defendant and also
169	169	recommends that the defendant's driver's license not be suspended.
170	170	(i) If a person convicted of an offense under Sections
171	171	49.04-49.07 [49.04-49.08], Penal Code, is placed on community
172	172	supervision, the court may require as a condition of community
173	173	supervision that the defendant have a device installed, on the
174	174	motor vehicle owned by the defendant or on the vehicle most
175	175	regularly driven by the defendant, that uses a deep-lung breath
176	176	analysis mechanism to make impractical the operation of the motor
177	177	vehicle if ethyl alcohol is detected in the breath of the operator
178	178	and that the defendant not operate any motor vehicle that is not
179	179	equipped with that device. If it is shown on the trial of the
180	180	offense that an analysis of a specimen of the person's blood,
181	181	breath, or urine showed an alcohol concentration level of 0.15 or
182	182	more at the time the analysis was performed, or if the person is
183	183	convicted of an offense under Sections 49.04-49.06, Penal Code, and
184	184	punished under Section 49.09(a) or (b), Penal Code, or of a second
185	185	or subsequent offense under Section 49.07 or 49.08, Penal Code, and
186	186	the person after conviction of either offense is placed on
187	187	community supervision, the court shall require as a condition of
188	188	community supervision that the defendant have the device installed
189	189	on the appropriate vehicle and that the defendant not operate any
190	190	motor vehicle unless the vehicle is equipped with that
191	191	device. Before placing on community supervision a person
192	192	convicted of an offense under Sections 49.04-49.07 [49.04-49.08],
193	193	Penal Code, the court shall determine from criminal history record
194	194	information maintained by the Department of Public Safety whether
195	195	the person has one or more previous convictions under Sections
196	196	49.04-49.08, Penal Code, or has one previous conviction under
197	197	Sections 49.04-49.07, Penal Code, or one previous conviction under
198	198	Section 49.08, Penal Code. If it is shown on the trial of the
199	199	offense that an analysis of a specimen of the person's blood,
200	200	breath, or urine showed an alcohol concentration level of 0.15 or
201	201	more at the time the analysis was performed, or if the court
202	202	determines that the person has one or more such previous
203	203	convictions, the court shall require as a condition of community
204	204	supervision that the defendant have that device installed on the
205	205	motor vehicle owned by the defendant or on the vehicle most
206	206	regularly driven by the defendant and that the defendant not
207	207	operate any motor vehicle unless the vehicle is equipped with the
208	208	device described in this subsection. The court shall require the
209	209	defendant to obtain the device at the defendant's own cost before
210	210	the 30th day after the date of conviction unless the court finds
211	211	that to do so would not be in the best interest of justice and enters
212	212	its findings on record. The court shall require the defendant to
213	213	provide evidence to the court within the 30-day period that the
214	214	device has been installed on the appropriate vehicle and order the
215	215	device to remain installed on that vehicle for a period not less
216	216	than 50 percent of the supervision period. If the court determines
217	217	the offender is unable to pay for the device, the court may impose a
218	218	reasonable payment schedule not to exceed twice the period of the
219	219	court's order. The Department of Public Safety shall approve
220	220	devices for use under this subsection. Section 521.247,
221	221	Transportation Code, applies to the approval of a device under this
222	222	subsection and the consequences of that approval. Notwithstanding
223	223	the provisions of this section, if a person is required to operate a
224	224	motor vehicle in the course and scope of the person's employment and
225	225	if the vehicle is owned by the employer, the person may operate that
226	226	vehicle without installation of an approved ignition interlock
227	227	device if the employer has been notified of that driving privilege
228	228	restriction and if proof of that notification is with the
229	229	vehicle. This employment exemption does not apply, however, if the
230	230	business entity that owns the vehicle is owned or controlled by the
231	231	person whose driving privilege has been restricted. A previous
232	232	conviction may not be used for purposes of restricting a person to
233	233	the operation of a motor vehicle equipped with an interlock
234	234	ignition device under this subsection if:
235	235	(1) the previous conviction was a final conviction
236	236	under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
237	237	Code, and was for an offense committed more than 10 years before the
238	238	instant offense for which the person was convicted and placed on
239	239	community supervision; and
240	240	(2) the person has not been convicted of an offense
241	241	under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08 of that
242	242	code, committed within 10 years before the date on which the instant
243	243	offense for which the person was convicted and placed on community
244	244	supervision.
245	245	(n) Notwithstanding any other provision of this section or
246	246	other law, the judge who places on community supervision a
247	247	defendant who is younger than 21 years of age and convicted for an
248	248	offense under Sections 49.04-49.07 [49.04-49.08], Penal Code,
249	249	shall:
250	250	(1) order that the defendant's driver's license be
251	251	suspended for 90 days beginning on the date that the person is
252	252	placed on community supervision; and
253	253	(2) require as a condition of community supervision
254	254	that the defendant not operate a motor vehicle unless the vehicle is
255	255	equipped with the device described by Subsection (i) of this
256	256	section.
257	257	SECTION 4. Section 20(b), Article 42.12, Code of Criminal
258	258	Procedure, is amended to read as follows:
259	259	(b) This section does not apply to a defendant convicted of
260	260	an offense under Sections 49.04-49.07 [49.04-49.08], Penal Code, a
261	261	defendant convicted of an offense for which on conviction
262	262	registration as a sex offender is required under Chapter 62, or a
263	263	defendant convicted of a felony described by Section 3g.
264	264	SECTION 5. Section 13(b), Article 42.12, Code of Criminal
265	265	Procedure, is repealed.
266	266	SECTION 6. The change in law made by this Act applies only
267	267	to an offense committed on or after the effective date of this Act.
268	268	An offense committed before the effective date of this Act is
269	269	covered by the law in effect when the offense was committed, and the
270	270	former law is continued in effect for that purpose. For purposes of
271	271	this section, an offense was committed before the effective date of
272	272	this Act if any element of the offense occurred before that date.
273	273	SECTION 7. This Act takes effect September 1, 2009.