Texas 2017 - 85th Regular

Texas House Bill HB2089 Compare Versions

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Version 2 (New)

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1	1	85R6438 GCB-F
2	2	By: White, Parker H.B. No. 2089
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for certain intoxication offenses and
8	8	the eligibility for deferred adjudication community supervision of
9	9	defendants who committed certain intoxication offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42A.102(b), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(b) In all other cases, the judge may grant deferred
14	14	adjudication community supervision unless:
15	15	(1) the defendant is charged with an offense:
16	16	(A) under Section 49.045, 49.07, or 49.08
17	17	[Sections 49.04-49.08], Penal Code; [or]
18	18	(B) under Section 49.04, 49.05, 49.06, or 49.065,
19	19	Penal Code, and, at the time of the offense, the defendant held a
20	20	commercial driver's license or a commercial learner's permit;
21	21	(C) for which punishment may be increased under
22	22	Section 49.09, Penal Code; or
23	23	(D) for which punishment may be increased under
24	24	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
25	25	is shown that the defendant has been previously convicted of an
26	26	offense for which punishment was increased under any one of those
27	27	subsections;
28	28	(2) the defendant:
29	29	(A) is charged with an offense under Section
30	30	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
31	31	victim, or a felony described by Article 42A.453(b); and
32	32	(B) has previously been placed on community
33	33	supervision for an offense under Paragraph (A);
34	34	(3) the defendant is charged with an offense under:
35	35	(A) Section 21.02, Penal Code; or
36	36	(B) Section 22.021, Penal Code, that is
37	37	punishable under Subsection (f) of that section or under Section
38	38	12.42(c)(3) or (4), Penal Code; or
39	39	(4) the defendant is charged with an offense under
40	40	Section 19.02, Penal Code, except that the judge may grant deferred
41	41	adjudication community supervision on determining that the
42	42	defendant did not cause the death of the deceased, did not intend to
43	43	kill the deceased or another, and did not anticipate that a human
44	44	life would be taken.
45	45	SECTION 2. Article 42A.408, Code of Criminal Procedure, is
46	46	amended by adding Subsection (e-1) to read as follows:
47	47	(e-1) A judge granting deferred adjudication community
48	48	supervision to a defendant for an offense under Section 49.04,
49	49	49.05, 49.06, or 49.065, Penal Code, shall require the defendant as
50	50	a condition of community supervision to have an ignition interlock
51	51	device installed on the motor vehicle owned by the defendant or on
52	52	the vehicle most regularly driven by the defendant and that the
53	53	defendant not operate any motor vehicle that is not equipped with
54	54	that device. This subsection applies regardless of whether the
55	55	defendant would be required to have an ignition interlock installed
56	56	on conviction of the offense for which deferred adjudication
57	57	community supervision is granted.
58	58	SECTION 3. Section 411.074(b), Government Code, is amended
59	59	to read as follows:
60	60	(b) A person may not be granted an order of nondisclosure of
61	61	criminal history record information under this subchapter and is
62	62	not entitled to petition the court for an order under this
63	63	subchapter if:
64	64	(1) the person was convicted or placed on deferred
65	65	adjudication community supervision for or has been previously
66	66	convicted or placed on any other deferred adjudication community
67	67	supervision for:
68	68	(A) an offense requiring registration as a sex
69	69	offender under Chapter 62, Code of Criminal Procedure;
70	70	(B) an offense under Section 20.04, Penal Code,
71	71	regardless of whether the offense is a reportable conviction or
72	72	adjudication for purposes of Chapter 62, Code of Criminal
73	73	Procedure;
74	74	(C) an offense under Section 19.02, 19.03,
75	75	20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
76	76	Code; or
77	77	(D) any other offense involving family violence,
78	78	as defined by Section 71.004, Family Code; [or]
79	79	(2) the defendant was placed on deferred adjudication
80	80	community supervision for an offense under Section 49.04, 49.05,
81	81	49.06, or 49.065, Penal Code; or
82	82	(3) the court makes an affirmative finding that the
83	83	offense for which the order of nondisclosure of criminal history
84	84	record information is requested involved family violence, as
85	85	defined by Section 71.004, Family Code.
86	86	SECTION 4. Sections 49.09(b) and (g), Penal Code, are
87	87	amended to read as follows:
88	88	(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or
89	89	49.065 is a felony of the third degree if it is shown on the trial of
90	90	the offense that the person has previously been convicted:
91	91	(1) one time of an offense under Section 49.08 or an
92	92	offense under the laws of another state if the offense contains
93	93	elements that are substantially similar to the elements of an
94	94	offense under Section 49.08; or
95	95	(2) two times of any other offense relating to the
96	96	operating of a motor vehicle while intoxicated, operating an
97	97	aircraft while intoxicated, operating a watercraft while
98	98	intoxicated, or operating or assembling an amusement ride while
99	99	intoxicated.
100	100	(g) A conviction may be used for purposes of enhancement
101	101	under this section or enhancement under Subchapter D, Chapter 12,
102	102	but not under both this section and Subchapter D. For purposes of
103	103	this section, a person is considered to have been convicted of an
104	104	offense under Section 49.04, 49.05, 49.06, or 49.065, if the person
105	105	was placed on deferred adjudication community supervision for the
106	106	offense under Article 42A.102, Code of Criminal Procedure.
107	107	SECTION 5. The changes in law made by this Act to Articles
108	108	42A.102 and 42A.408, Code of Criminal Procedure, apply only to the
109	109	eligibility for deferred adjudication community supervision of a
110	110	defendant for an offense committed on or after the effective date of
111	111	this Act. The eligibility for deferred adjudication community
112	112	supervision of a defendant for an offense committed before the
113	113	effective date of this Act is governed by the law in effect on the
114	114	date the offense was committed, and the former law is continued in
115	115	effect for that purpose. For purposes of this section, an offense
116	116	was committed before the effective date of this Act if any element
117	117	of the offense occurred before that date.
118	118	SECTION 6. The changes in law made by this Act to Section
119	119	49.09, Penal Code, apply only to an offense committed on or after
120	120	the effective date of this Act. An offense committed before the
121	121	effective date of this Act is governed by the law in effect on the
122	122	date the offense was committed, and the former law is continued in
123	123	effect for that purpose. For purposes of this section, an offense
124	124	was committed before the effective date of this Act if any element
125	125	of the offense occurred before that date.
126	126	SECTION 7. This Act takes effect September 1, 2017.