85R316 GCB-D
By: Dutton H.B. No. 140
A BILL TO BE ENTITLED
AN ACT
relating to convictions considered for purposes of enhancing the
punishment for certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.09, Penal Code, is amended by adding
Subsection (i) to read as follows:
(i) A conviction may not be used for purposes of enhancement
under this section if the conviction was for an offense under
Section 49.04, 49.045, 49.05, 49.06, or 49.065 that was committed
more than 10 years before the date on which the offense for which
the person is being tried was committed.
SECTION 2. The change in law made by this Act applies to an
offense committed on or after the effective date of this Act and to
any criminal action pending on the effective date of this Act for an
offense committed before that effective date. A final conviction
for an offense punished under Section 49.09, Penal Code, that
exists on the effective date of this Act is unaffected by this Act.
SECTION 3. This Act takes effect September 1, 2017.