86R5992 GCB-D
By: Guillen H.B. No. 1086
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalties for intoxication
assault and intoxication manslaughter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.07(c), Penal Code, is amended to read
as follows:
(c) Except as provided by Section 49.09, an offense under
this section is a felony of the second [third] degree.
SECTION 2. Section 49.08(b), Penal Code, is amended to read
as follows:
(b) An [Except as provided by Section 49.09, an] offense
under this section is a felony of the first [second] degree.
SECTION 3. Sections 49.09(b-1) and (b-4), Penal Code, are
amended to read as follows:
(b-1) An offense under Section 49.07 is[:
[(1)] a felony of the first [second] degree if it is
shown on the trial of the offense that the person caused serious
bodily injury to a peace officer, judge, firefighter, or emergency
medical services personnel while in the actual discharge of an
official duty[; or
[(2) a felony of the first degree if it is shown on the
trial of the offense that the person caused serious bodily injury to
a peace officer or judge while the officer or judge was in the
actual discharge of an official duty].
(b-4) An offense under Section 49.07 is a felony of the
first [second] degree if it is shown on the trial of the offense
that the person caused serious bodily injury to another in the
nature of a traumatic brain injury that results in a persistent
vegetative state.
SECTION 4. Section 49.09(b-2), Penal Code, is repealed.
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, 2019.