Texas 2011 - 82nd Regular

Texas House Bill HB99 Compare Versions

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1	1	82R24364 JSC-D
2	2	By: Martinez Fischer H.B. No. 99
3	3	Substitute the following for H.B. No. 99:
4	4	By: Gallego C.S.H.B. No. 99
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the punishment for certain intoxication-related
10	10	offenses; creating the offense of aggravated driving while
11	11	intoxicated.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 49, Penal Code, is amended by adding
14	14	Section 49.046 to read as follows:
15	15	Sec. 49.046. AGGRAVATED DRIVING WHILE INTOXICATED. (a) A
16	16	person commits an offense if:
17	17	(1) the person is intoxicated while operating a motor
18	18	vehicle in a public place; and
19	19	(2) the person:
20	20	(A) has an alcohol concentration of 0.16 or more;
21	21	or
22	22	(B) has an alcohol concentration of 0.02 or more
23	23	and is operating a commercial motor vehicle, as defined by Section
24	24	522.003, Transportation Code.
25	25	(b) Except as provided by Section 49.09, an offense under
26	26	this section is a Class A misdemeanor, with a minimum term of
27	27	confinement of 30 days. As provided by Article 42.033, Code of
28	28	Criminal Procedure, the judge of the sentencing court may permit
29	29	the person to serve the person's term of confinement
30	30	intermittently.
31	31	SECTION 2. Section 49.09, Penal Code, is amended by
32	32	amending Subsections (b) and (h) and adding Subsection (b-4) to
33	33	read as follows:
34	34	(b) An offense under Section 49.04, 49.05, 49.06, or 49.065
35	35	is a felony of the third degree if it is shown on the trial of the
36	36	offense that the person has previously been convicted:
37	37	(1) one time of an offense under Section 49.08 or an
38	38	offense under the laws of another state if the offense contains
39	39	elements that are substantially similar to the elements of an
40	40	offense under Section 49.08; [or]
41	41	(2) one time of an offense under Section 49.046 or an
42	42	offense under the laws of another state if the offense contains
43	43	elements that are substantially similar to the elements of an
44	44	offense under Section 49.046; or
45	45	(3) two times of any other offense relating to the
46	46	operating of a motor vehicle while intoxicated, operating an
47	47	aircraft while intoxicated, operating a watercraft while
48	48	intoxicated, or operating or assembling an amusement ride while
49	49	intoxicated.
50	50	(b-4) An offense under Section 49.046 is a felony of the
51	51	third degree if it is shown on the trial of the offense that the
52	52	person has previously been convicted:
53	53	(1) one time of an offense under Section 49.08 or an
54	54	offense under the laws of another state if the offense contains
55	55	elements that are substantially similar to the elements of an
56	56	offense under Section 49.08; or
57	57	(2) one time of an offense relating to the operating of
58	58	a motor vehicle while intoxicated, an offense of operating an
59	59	aircraft while intoxicated, an offense of operating a watercraft
60	60	while intoxicated, or an offense of operating or assembling an
61	61	amusement ride while intoxicated.
62	62	(h) This subsection applies only to a person convicted of an
63	63	offense under Section 49.046 or a second or subsequent offense
64	64	relating to the operating of a motor vehicle while intoxicated
65	65	committed within five years of the date on which the most recent
66	66	preceding offense was committed. The court shall enter an order
67	67	that requires the defendant to have a device installed, on each
68	68	motor vehicle owned or operated by the defendant, that uses a
69	69	deep-lung breath analysis mechanism to make impractical the
70	70	operation of the motor vehicle if ethyl alcohol is detected in the
71	71	breath of the operator, and that requires that before the first
72	72	anniversary of the ending date of the period of license suspension
73	73	under Section 521.344, Transportation Code, the defendant not
74	74	operate any motor vehicle that is not equipped with that device.
75	75	The court shall require the defendant to obtain the device at the
76	76	defendant's own cost on or before that ending date, require the
77	77	defendant to provide evidence to the court on or before that ending
78	78	date that the device has been installed on each appropriate
79	79	vehicle, and order the device to remain installed on each vehicle
80	80	until the first anniversary of that ending date. If the court
81	81	determines the offender is unable to pay for the device, the court
82	82	may impose a reasonable payment schedule not to extend beyond the
83	83	first anniversary of the date of installation. The Department of
84	84	Public Safety shall approve devices for use under this subsection.
85	85	Section 521.247, Transportation Code, applies to the approval of a
86	86	device under this subsection and the consequences of that approval.
87	87	Failure to comply with an order entered under this subsection is
88	88	punishable by contempt. For the purpose of enforcing this
89	89	subsection, the court that enters an order under this subsection
90	90	retains jurisdiction over the defendant until the date on which the
91	91	device is no longer required to remain installed. To the extent of
92	92	a conflict between this subsection and Section 13(i), Article
93	93	42.12, Code of Criminal Procedure, this subsection controls.
94	94	SECTION 3. Subchapter I, Chapter 545, Transportation Code,
95	95	is amended by adding Section 545.429 to read as follows:
96	96	Sec. 545.429. CONVICTION FOR AGGRAVATED DRIVING WHILE
97	97	INTOXICATED; IMPOUNDMENT OR IMMOBILIZATION OF VEHICLE. (a) A
98	98	court that convicts a person for an offense under Section 49.046,
99	99	Penal Code, shall order the sheriff of the county in which the court
100	100	has jurisdiction to impound or immobilize the motor vehicle
101	101	operated by the person at the time of the offense for a period of
102	102	seven days beginning on the day after the date the court enters the
103	103	conviction if the person:
104	104	(1) was an owner of the motor vehicle at the time of
105	105	the offense;
106	106	(2) is an owner of the motor vehicle on the date the
107	107	court enters the conviction; and
108	108	(3) is the primary operator of the motor vehicle on the
109	109	date the court enters the conviction.
110	110	(b) A sheriff acting under a court order issued under
111	111	Subsection (a) may require that the motor vehicle, prior to
112	112	immobilization, be taken to:
113	113	(1) a garage or other place of safety; or
114	114	(2) a garage designated or maintained by the county.
115	115	(c) Notwithstanding Article 18.23, Code of Criminal
116	116	Procedure, the person convicted of an offense under Section 49.046,
117	117	Penal Code, is liable for all removal and storage fees incurred as a
118	118	result of the impoundment or immobilization of the motor vehicle
119	119	and is not entitled to take possession of the vehicle until those
120	120	fees are paid.
121	121	SECTION 4. The change in law made by this Act applies only
122	122	to an offense committed on or after the effective date of this Act.
123	123	An offense committed before the effective date of this Act is
124	124	covered by the law in effect when the offense was committed, and the
125	125	former law is continued in effect for that purpose. For purposes of
126	126	this section, an offense was committed before the effective date of
127	127	this Act if any element of the offense was committed before that
128	128	date.
129	129	SECTION 5. This Act takes effect September 1, 2011.