Texas 2017 - 85th Regular

Texas House Bill HB1327 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	85R6334 JSC-D
2	2	By: Metcalf H.B. No. 1327
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to enhancing the penalty for intoxication assault and
8	8	intoxication manslaughter in certain circumstances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 49.09(b-1), (b-2), and (b-3), Penal
11	11	Code, are amended to read as follows:
12	12	(b-1) An offense under Section 49.07 is a felony of the
13	13	second degree if it is shown on the trial of the offense that the
14	14	person:
15	15	(1) caused serious bodily injury to:
16	16	(A) a peace officer, a firefighter, or emergency
17	17	medical services personnel while in the actual discharge of an
18	18	official duty;
19	19	(B) another in the nature of a traumatic brain
20	20	injury that results in a persistent vegetative state;
21	21	(C) more than one person during the same criminal
22	22	transaction; or
23	23	(D) a person who is younger than 17 years of age;
24	24	(2) failed to stop, render aid, or provide information
25	25	in violation of Section 550.021 or 550.023, Transportation Code;
26	26	(3) was operating a motor vehicle:
27	27	(A) without a valid driver's license appropriate
28	28	for the class of vehicle being operated in violation of Section
29	29	521.021, 521.025, 521.457, 522.011, or 601.371, Transportation
30	30	Code; or
31	31	(B) without evidence of financial responsibility
32	32	in violation of Subchapter G, Chapter 601, Transportation Code;
33	33	(4) failed to stop for, fled from, or evaded a pursuing
34	34	law enforcement officer in violation of Section 38.04 of this code
35	35	or Section 545.421, Transportation Code; or
36	36	(5) had previously been convicted one or more times of
37	37	an offense relating to the operating of a motor vehicle while
38	38	intoxicated, operating an aircraft while intoxicated, operating a
39	39	watercraft while intoxicated, or operating or assembling an
40	40	amusement ride while intoxicated.
41	41	(b-2) An offense under Section 49.08 is a felony of the
42	42	first degree if it is shown on the trial of the offense that the
43	43	person:
44	44	(1) caused the death of:
45	45	(A) a peace officer, a firefighter, or emergency
46	46	medical services personnel while in the actual discharge of an
47	47	official duty;
48	48	(B) more than one person during the same criminal
49	49	transaction; or
50	50	(C) a person who is younger than 17 years of age;
51	51	(2) failed to stop, render aid, or provide information
52	52	in violation of Section 550.021 or 550.023, Transportation Code;
53	53	(3) was operating a motor vehicle:
54	54	(A) without a valid driver's license appropriate
55	55	for the class of vehicle being operated in violation of Section
56	56	521.021, 521.025, 521.457, 522.011, or 601.371, Transportation
57	57	Code; or
58	58	(B) without evidence of financial responsibility
59	59	in violation of Subchapter G, Chapter 601, Transportation Code;
60	60	(4) failed to stop for, fled from, or evaded a pursuing
61	61	law enforcement officer in violation of Section 38.04 of this code
62	62	or Section 545.421, Transportation Code; or
63	63	(5) had previously been convicted one or more times of
64	64	an offense relating to the operating of a motor vehicle while
65	65	intoxicated, operating an aircraft while intoxicated, operating a
66	66	watercraft while intoxicated, or operating or assembling an
67	67	amusement ride while intoxicated [person described by Subsection
68	68	(b-1)].
69	69	(b-3) For the purposes of Subsections [Subsection] (b-1)
70	70	and (b-2):
71	71	(1) "Emergency medical services personnel" has the
72	72	meaning assigned by Section 773.003, Health and Safety Code.
73	73	(2) "Firefighter" means:
74	74	(A) an individual employed by this state or by a
75	75	political or legal subdivision of this state who is subject to
76	76	certification by the Texas Commission on Fire Protection; or
77	77	(B) a member of an organized volunteer
78	78	fire-fighting unit that:
79	79	(i) renders fire-fighting services without
80	80	remuneration; and
81	81	(ii) conducts a minimum of two drills each
82	82	month, each at least two hours long.
83	83	SECTION 2. Section 49.09(b-4), Penal Code, is repealed.
84	84	SECTION 3. The change in law made by this Act applies only
85	85	to an offense committed on or after the effective date of this Act.
86	86	An offense committed before the effective date of this Act is
87	87	governed by the law in effect on the date the offense was committed,
88	88	and the former law is continued in effect for that purpose. For
89	89	purposes of this section, an offense was committed before the
90	90	effective date of this Act if any element of the offense occurred
91	91	before that date.
92	92	SECTION 4. This Act takes effect September 1, 2017.