86R19565 GCB-F
By: Murr, Moody, White, Wray, Wu H.B. No. 3582
Substitute the following for H.B. No. 3582:
By: White C.S.H.B. No. 3582
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain intoxication offenses and
the eligibility for deferred adjudication community supervision of
defendants who committed certain intoxication offenses; enhancing
a criminal penalty.
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:
(i) the defendant held a commercial
driver's license or a commercial learner's permit; or
(ii) the defendant's alcohol concentration,
as defined by Section 49.01, Penal Code, was 0.16 or more;
(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 (e-1) to read as follows:
(e-1) A judge granting deferred adjudication community
supervision to a defendant for an offense under Section 49.04 or
49.06, Penal Code, shall require that the defendant as a condition
of community supervision have an ignition interlock device
installed on the motor vehicle owned by the defendant or on the
vehicle most regularly driven by the defendant and that the
defendant not operate any motor vehicle that is not equipped with
that device, unless the judge finds that restricting the defendant
to the operation of a motor vehicle equipped with an ignition
interlock device would not be in the best interest of society and
enters that finding in the record. This subsection applies
regardless of whether the defendant would be required to have an
ignition interlock device installed on conviction of the offense
for which deferred adjudication community supervision is granted.
If the judge determines the defendant is unable to pay for the
ignition interlock device, the judge may impose a reasonable
payment schedule, as provided by Subsection (f). If the defendant
provides the court evidence under Section 708.158, Transportation
Code, sufficient to establish that the defendant is indigent for
purposes of that section, the judge may enter in the record a
finding that the defendant is indigent and reduce the costs to the
defendant by ordering a waiver of the installation charge for the
ignition interlock device and a 50 percent reduction of the monthly
device monitoring fee. A reduction in costs ordered under this
subsection does not apply to any fees that may be assessed against
the defendant if the ignition interlock device detects ethyl
alcohol on the breath of the person attempting to operate the motor
vehicle.
SECTION 3. Section 411.072(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person who:
(1) was placed on deferred adjudication community
supervision under Subchapter C, Chapter 42A, Code of Criminal
Procedure, for a misdemeanor other than a misdemeanor:
(A) under:
(i) Section 49.04 or 49.06, Penal Code; or
(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
71, Penal Code; or
(B) with respect to which an affirmative finding
under Article 42A.105(f), Code of Criminal Procedure, or former
Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
in the papers of the case; and
(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than a traffic offense that is punishable by fine only.
SECTION 4. Section 411.0725(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person placed on deferred
adjudication community supervision under Subchapter C, Chapter
42A, Code of Criminal Procedure, who:
(1) is not eligible to receive an order of
nondisclosure of criminal history record information under Section
411.072; and
(2) was placed on deferred adjudication community
supervision for an offense other than an offense under Section
49.04 or 49.06, Penal Code.
SECTION 5. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0726 to read as follows:
Sec. 411.0726. PROCEDURE FOR DEFERRED ADJUDICATION
COMMUNITY SUPERVISION; CERTAIN DRIVING WHILE INTOXICATED AND
BOATING WHILE INTOXICATED MISDEMEANORS. (a) This section applies
only to a person who was placed on deferred adjudication community
supervision under Subchapter C, Chapter 42A, Code of Criminal
Procedure, for a misdemeanor:
(1) under Section 49.04 or 49.06, Penal Code; and
(2) with respect to which no affirmative finding under
Article 42A.105(f), Code of Criminal Procedure, was filed in the
papers of the case.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person may petition the court that placed the
person on deferred adjudication community supervision for an order
of nondisclosure if the person:
(1) receives a discharge and dismissal under Article
42A.111, Code of Criminal Procedure;
(2) satisfies the requirements of Section 411.074; and
(3) has never been previously convicted of or placed
on deferred adjudication community supervision for another
offense, other than a traffic offense that is punishable by fine
only.
(c) A petition for an order of nondisclosure of criminal
history record information filed under this section must include
evidence that the person is entitled to file the petition.
(d) Except as provided by Subsection (e), after notice to
the state, an opportunity for a hearing, and a determination that
the person is entitled to file the petition and issuance of an order
of nondisclosure of criminal history record information is in the
best interest of justice, the court shall issue an order
prohibiting criminal justice agencies from disclosing to the public
criminal history record information related to the offense giving
rise to the deferred adjudication community supervision.
(e) A court may not issue an order of nondisclosure of
criminal history record information under this section if the
attorney representing the state presents evidence sufficient to the
court demonstrating that the commission of the offense for which
the order is sought resulted in a motor vehicle accident involving
another person, including a passenger in a motor vehicle operated
by the person seeking the order of nondisclosure.
(f) A person may petition the court that placed the person
on deferred adjudication community supervision for an order of
nondisclosure of criminal history record information under this
section only on or after:
(1) the second anniversary of the date of completion
of the deferred adjudication community supervision and the
discharge and dismissal of the case, if the person successfully
complied with a condition of community supervision that, for a
period of not less than six months, restricted the person's
operation of a motor vehicle to a motor vehicle equipped with an
ignition interlock device; or
(2) the fifth anniversary of the date of completion of
the deferred adjudication community supervision and the discharge
and dismissal of the case, if the court that placed the person on
deferred adjudication community supervision did not order the
person to comply with a condition of community supervision
described by Subdivision (1) for the period described by that
subdivision.
SECTION 6. 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. For purposes of
this section, a person is considered to have been convicted of an
offense under Section 49.04 or 49.06 if the person was placed on
deferred adjudication community supervision for the offense under
Article 42A.102, Code of Criminal Procedure.
SECTION 7. The changes in law made by this Act to Articles
42A.102 and 42A.408, Code of Criminal Procedure, apply only to the
eligibility for deferred adjudication community supervision of a
defendant for an offense committed on or after the effective date of
this Act. The eligibility for deferred adjudication community
supervision of a defendant for 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 occurred before that date.
SECTION 8. The changes in law made by this Act to Section
49.09, Penal Code, apply 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 occurred before that date.
SECTION 9. This Act takes effect September 1, 2019.