Texas 2017 - 85th Regular

Texas Senate Bill SB664 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Huffines S.B. No. 664
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the punishment for certain intoxication offenses.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 42A.102(b), Code of Criminal Procedure,
9	9	is amended to read as follows:
10	10	(b) In all other cases, the judge may grant deferred
11	11	adjudication community supervision unless:
12	12	(1) the defendant is charged with an offense:
13	13	(A) under Section 49.045, 49.05, 49.065, 49.07,
14	14	or 49.08 [Sections 49.04-49.08], Penal Code; [or]
15	15	(B) under Section 49.04 or 49.06, Penal Code,
16	16	and, at the time of the offense, the defendant held a commercial
17	17	driver's license or a commercial driver learner's permit;
18	18	(C) for which punishment may be increased under
19	19	Section 49.09, Penal Code; or
20	20	(D) for which punishment may be increased under
21	21	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
22	22	is shown that the defendant has been previously convicted of an
23	23	offense for which punishment was increased under any one of those
24	24	subsections;
25	25	(2) the defendant:
26	26	(A) is charged with an offense under Section
27	27	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
28	28	victim, or a felony described by Article 42A.453(b); and
29	29	(B) has previously been placed on community
30	30	supervision for an offense under Paragraph (A);
31	31	(3) the defendant is charged with an offense under:
32	32	(A) Section 21.02, Penal Code; or
33	33	(B) Section 22.021, Penal Code, that is
34	34	punishable under Subsection (f) of that section or under Section
35	35	12.42(c)(3) or (4), Penal Code; or
36	36	(4) the defendant is charged with an offense under
37	37	Section 19.02, Penal Code, except that the judge may grant deferred
38	38	adjudication community supervision on determining that the
39	39	defendant did not cause the death of the deceased, did not intend to
40	40	kill the deceased or another, and did not anticipate that a human
41	41	life would be taken.
42	42	SECTION 2. Article 42A.408, Code of Criminal Procedure, is
43	43	amended by adding Subsection (i) to read as follows:
44	44	(i) A judge granting deferred adjudication community
45	45	supervision to a defendant for an offense under Section 49.04 or
46	46	49.06, Penal Code, shall require the defendant to have an ignition
47	47	interlock device installed under this section, regardless of
48	48	whether the defendant would be required to have the device
49	49	installed if the defendant was convicted.
50	50	SECTION 3. Section 411.074(b), Government Code, is amended
51	51	to read as follows:
52	52	(b) A person may not be granted an order of nondisclosure of
53	53	criminal history record information under this subchapter and is
54	54	not entitled to petition the court for an order under this
55	55	subchapter if:
56	56	(1) the person was convicted or placed on deferred
57	57	adjudication community supervision for or has been previously
58	58	convicted or placed on any other deferred adjudication community
59	59	supervision for:
60	60	(A) an offense requiring registration as a sex
61	61	offender under Chapter 62, Code of Criminal Procedure;
62	62	(B) an offense under Section 20.04, Penal Code,
63	63	regardless of whether the offense is a reportable conviction or
64	64	adjudication for purposes of Chapter 62, Code of Criminal
65	65	Procedure;
66	66	(C) an offense under Section 19.02, 19.03,
67	67	20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
68	68	Code; [or]
69	69	(D) any other offense involving family violence,
70	70	as defined by Section 71.004, Family Code; or
71	71	(E) an offense under Section 49.04 or 49.06,
72	72	Penal Code; or
73	73	(2) the court makes an affirmative finding that the
74	74	offense for which the order of nondisclosure of criminal history
75	75	record information is requested involved family violence, as
76	76	defined by Section 71.004, Family Code.
77	77	SECTION 4. Sections 49.09(b) and (g), Penal Code, are
78	78	amended to read as follows:
79	79	(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or
80	80	49.065 is a felony of the third degree if it is shown on the trial of
81	81	the offense that the person has previously been convicted:
82	82	(1) one time of an offense under Section 49.08 or an
83	83	offense under the laws of another state if the offense contains
84	84	elements that are substantially similar to the elements of an
85	85	offense under Section 49.08; or
86	86	(2) two times of any other offense relating to the
87	87	operating of a motor vehicle while intoxicated, operating an
88	88	aircraft while intoxicated, operating a watercraft while
89	89	intoxicated, or operating or assembling an amusement ride while
90	90	intoxicated.
91	91	(g) A conviction may be used for purposes of enhancement
92	92	under this section or enhancement under Subchapter D, Chapter 12,
93	93	but not under both this section and Subchapter D. Deferred
94	94	adjudication community supervision for an offense under Section
95	95	49.04 or 49.06 is considered a conviction for purposes of
96	96	enhancement of penalties under this section or Subchapter D,
97	97	Chapter 12.
98	98	SECTION 5. The change in law made by this Act applies only
99	99	to an offense committed on or after the effective date of this Act.
100	100	An offense committed before the effective date of this Act is
101	101	governed by the law in effect on the date the offense was committed,
102	102	and the former law is continued in effect for that purpose. For
103	103	purposes of this section, an offense was committed before the
104	104	effective date of this Act if any element of the offense was
105	105	committed before that date.
106	106	SECTION 6. This Act takes effect September 1, 2017.