85R6334 JSC-D
By: Metcalf H.B. No. 1327
A BILL TO BE ENTITLED
AN ACT
relating to enhancing the penalty for intoxication assault and
intoxication manslaughter in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 49.09(b-1), (b-2), and (b-3), Penal
Code, are amended to read as follows:
(b-1) An offense under Section 49.07 is a felony of the
second degree if it is shown on the trial of the offense that the
person:
(1) caused serious bodily injury to:
(A) a peace officer, a firefighter, or emergency
medical services personnel while in the actual discharge of an
official duty;
(B) another in the nature of a traumatic brain
injury that results in a persistent vegetative state;
(C) more than one person during the same criminal
transaction; or
(D) a person who is younger than 17 years of age;
(2) failed to stop, render aid, or provide information
in violation of Section 550.021 or 550.023, Transportation Code;
(3) was operating a motor vehicle:
(A) without a valid driver's license appropriate
for the class of vehicle being operated in violation of Section
521.021, 521.025, 521.457, 522.011, or 601.371, Transportation
Code; or
(B) without evidence of financial responsibility
in violation of Subchapter G, Chapter 601, Transportation Code;
(4) failed to stop for, fled from, or evaded a pursuing
law enforcement officer in violation of Section 38.04 of this code
or Section 545.421, Transportation Code; or
(5) had previously been convicted one or more times of
an 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.
(b-2) An offense under Section 49.08 is a felony of the
first degree if it is shown on the trial of the offense that the
person:
(1) caused the death of:
(A) a peace officer, a firefighter, or emergency
medical services personnel while in the actual discharge of an
official duty;
(B) more than one person during the same criminal
transaction; or
(C) a person who is younger than 17 years of age;
(2) failed to stop, render aid, or provide information
in violation of Section 550.021 or 550.023, Transportation Code;
(3) was operating a motor vehicle:
(A) without a valid driver's license appropriate
for the class of vehicle being operated in violation of Section
521.021, 521.025, 521.457, 522.011, or 601.371, Transportation
Code; or
(B) without evidence of financial responsibility
in violation of Subchapter G, Chapter 601, Transportation Code;
(4) failed to stop for, fled from, or evaded a pursuing
law enforcement officer in violation of Section 38.04 of this code
or Section 545.421, Transportation Code; or
(5) had previously been convicted one or more times of
an 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 [person described by Subsection
(b-1)].
(b-3) For the purposes of Subsections [Subsection] (b-1)
and (b-2):
(1) "Emergency medical services personnel" has the
meaning assigned by Section 773.003, Health and Safety Code.
(2) "Firefighter" means:
(A) an individual employed by this state or by a
political or legal subdivision of this state who is subject to
certification by the Texas Commission on Fire Protection; or
(B) a member of an organized volunteer
fire-fighting unit that:
(i) renders fire-fighting services without
remuneration; and
(ii) conducts a minimum of two drills each
month, each at least two hours long.
SECTION 2. Section 49.09(b-4), Penal Code, is repealed.
SECTION 3. 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 on the date 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 occurred
before that date.
SECTION 4. This Act takes effect September 1, 2017.