By: Huffines S.B. No. 664
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.102(b), Code of Criminal Procedure,
is amended to read as follows:
(b) In all other cases, the judge may grant deferred
adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Section 49.045, 49.05, 49.065, 49.07,
or 49.08 [Sections 49.04-49.08], Penal Code; [or]
(B) under Section 49.04 or 49.06, Penal Code,
and, at the time of the offense, the defendant held a commercial
driver's license or a commercial driver learner's permit;
(C) for which punishment may be increased under
Section 49.09, Penal Code; or
(D) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
victim, or a felony described by Article 42A.453(b); and
(B) has previously been placed on community
supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code; or
(4) the defendant is charged with an offense under
Section 19.02, Penal Code, except that the judge may grant deferred
adjudication community supervision on determining that the
defendant did not cause the death of the deceased, did not intend to
kill the deceased or another, and did not anticipate that a human
life would be taken.
SECTION 2. Article 42A.408, Code of Criminal Procedure, is
amended by adding Subsection (i) to read as follows:
(i) A judge granting deferred adjudication community
supervision to a defendant for an offense under Section 49.04 or
49.06, Penal Code, shall require the defendant to have an ignition
interlock device installed under this section, regardless of
whether the defendant would be required to have the device
installed if the defendant was convicted.
SECTION 3. Section 411.074(b), Government Code, is amended
to read as follows:
(b) A person may not be granted an order of nondisclosure of
criminal history record information under this subchapter and is
not entitled to petition the court for an order under this
subchapter if:
(1) the person was convicted or placed on deferred
adjudication community supervision for or has been previously
convicted or placed on any other deferred adjudication community
supervision for:
(A) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(B) an offense under Section 20.04, Penal Code,
regardless of whether the offense is a reportable conviction or
adjudication for purposes of Chapter 62, Code of Criminal
Procedure;
(C) an offense under Section 19.02, 19.03,
20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
Code; [or]
(D) any other offense involving family violence,
as defined by Section 71.004, Family Code; or
(E) an offense under Section 49.04 or 49.06,
Penal Code; or
(2) the court makes an affirmative finding that the
offense for which the order of nondisclosure of criminal history
record information is requested involved family violence, as
defined by Section 71.004, Family Code.
SECTION 4. Sections 49.09(b) and (g), Penal Code, are
amended to read as follows:
(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or
49.065 is a felony of the third degree if it is shown on the trial of
the offense that the person has previously been convicted:
(1) one time of an offense under Section 49.08 or an
offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an
offense under Section 49.08; or
(2) two times of any other 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.
(g) A conviction may be used for purposes of enhancement
under this section or enhancement under Subchapter D, Chapter 12,
but not under both this section and Subchapter D. Deferred
adjudication community supervision for an offense under Section
49.04 or 49.06 is considered a conviction for purposes of
enhancement of penalties under this section or Subchapter D,
Chapter 12.
SECTION 5. 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 was
committed before that date.
SECTION 6. This Act takes effect September 1, 2017.