Texas 2019 - 86th Regular

Texas House Bill HB3582 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3582
	1	+	By: Murr, et al. H.B. No. 3582
	2	+	(Senate Sponsor - Menéndez, Zaffirini)
	3	+	(In the Senate - Received from the House May 2, 2019;
	4	+	May 3, 2019, read first time and referred to Committee on Criminal
	5	+	Justice; May 10, 2019, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 5, Nays 0;
	7	+	May 10, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3582 By: Whitmire
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the punishment for certain intoxication offenses, the
6	15		conditions of bond for defendants charged with certain intoxication
7	16		offenses, and the eligibility for deferred adjudication community
8	17		supervision of defendants who committed certain intoxication
9	18		offenses.
10	19		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	20		SECTION 1. Article 17.441(a), Code of Criminal Procedure,
12	21		is amended to read as follows:
13	22		(a) Except as provided by Subsection (b), a magistrate shall
14	23		require on release that a defendant charged with a subsequent
15	24		offense under Section 49.04, 49.05, or 49.06 [Sections
16	25		49.04-49.06], Penal Code, or an offense under Section 49.045,
17	26		49.07, or 49.08 of that code:
18	27		(1) have installed on the motor vehicle owned by the
19	28		defendant or on the vehicle most regularly driven by the defendant,
20	29		a device that uses a deep-lung breath analysis mechanism to make
21	30		impractical the operation of a motor vehicle if ethyl alcohol is
22	31		detected in the breath of the operator; and
23	32		(2) not operate any motor vehicle unless the vehicle
24	33		is equipped with that device.
25	34		SECTION 2. Article 42A.102(b), Code of Criminal Procedure,
26	35		is amended to read as follows:
27	36		(b) In all other cases, the judge may grant deferred
28	37		adjudication community supervision unless:
29	38		(1) the defendant is charged with an offense:
30	39		(A) under Section 49.045, 49.05, 49.065, 49.07,
31	40		or 49.08 [Sections 49.04-49.08], Penal Code; [or]
32	41		(B) under Section 49.04 or 49.06, Penal Code,
33	42		and, at the time of the offense:
34	43		(i) the defendant held a commercial
35	44		driver's license or a commercial learner's permit; or
36	45		(ii) the defendant's alcohol concentration,
37	46		as defined by Section 49.01, Penal Code, was 0.15 or more;
38	47		(C) for which punishment may be increased under
39	48		Section 49.09, Penal Code; or
40	49		(D) for which punishment may be increased under
41	50		Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
42	51		is shown that the defendant has been previously convicted of an
43	52		offense for which punishment was increased under any one of those
44	53		subsections;
45	54		(2) the defendant:
46	55		(A) is charged with an offense under Section
47	56		21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
48	57		victim, or a felony described by Article 42A.453(b); and
49	58		(B) has previously been placed on community
50	59		supervision for an offense under Paragraph (A);
51	60		(3) the defendant is charged with an offense under:
52	61		(A) Section 21.02, Penal Code; or
53	62		(B) Section 22.021, Penal Code, that is
54	63		punishable under Subsection (f) of that section or under Section
55	64		12.42(c)(3) or (4), Penal Code; or
56	65		(4) the defendant is charged with an offense under
57	66		Section 19.02, Penal Code, except that the judge may grant deferred
58	67		adjudication community supervision on determining that the
59	68		defendant did not cause the death of the deceased, did not intend to
60	69		kill the deceased or another, and did not anticipate that a human
61	70		life would be taken.
62	71		SECTION 3. Article 42A.408, Code of Criminal Procedure, is
63	72		amended by adding Subsections (e-1) and (e-2) to read as follows:
64	73		(e-1) Except as provided by Subsection (e-2), a judge
65	74		granting deferred adjudication community supervision to a
66	75		defendant for an offense under Section 49.04 or 49.06, Penal Code,
67	76		shall require that the defendant as a condition of community
68	77		supervision have an ignition interlock device installed on the
69	78		motor vehicle owned by the defendant or on the vehicle most
70	79		regularly driven by the defendant and that the defendant not
71		-	operate any motor vehicle that is not equipped with that device. If
72		-	the judge determines that the defendant is unable to pay for the
73		-	ignition interlock device, the judge may impose a reasonable
74		-	payment schedule, as provided by Subsection (f). If the defendant
75		-	provides the court evidence under Section 708.158, Transportation
76		-	Code, sufficient to establish that the defendant is indigent for
77		-	purposes of that section, the judge may enter in the record a
78		-	finding that the defendant is indigent and reduce the costs to the
79		-	defendant by ordering a waiver of the installation charge for the
80		-	ignition interlock device and a 50 percent reduction of the monthly
81		-	device monitoring fee. A reduction in costs ordered under this
82		-	subsection does not apply to any fees that may be assessed against
83		-	the defendant if the ignition interlock device detects ethyl
84		-	alcohol on the breath of the person attempting to operate the motor
85		-	vehicle.
	80	+	operate any motor vehicle that is not equipped with that device.
86	81		(e-2) A judge may waive the ignition interlock requirement
87	82		under Subsection (e-1) for a defendant if, based on a controlled
88	83		substance and alcohol evaluation of the defendant, the judge
89	84		determines and enters in the record that restricting the defendant
90	85		to the use of an ignition interlock is not necessary for the safety
91	86		of the community.
92	87		SECTION 4. Section 411.072(a), Government Code, is amended
93	88		to read as follows:
94	89		(a) This section applies only to a person who:
95	90		(1) was placed on deferred adjudication community
96	91		supervision under Subchapter C, Chapter 42A, Code of Criminal
97	92		Procedure, for a misdemeanor other than a misdemeanor:
98	93		(A) under:
99	94		(i) Section 49.04 or 49.06, Penal Code; or
100	95		(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or
101	96		71, Penal Code; or
102	97		(B) with respect to which an affirmative finding
103	98		under Article 42A.105(f), Code of Criminal Procedure, or former
104	99		Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
105	100		in the papers of the case; and
106	101		(2) has never been previously convicted of or placed
107	102		on deferred adjudication community supervision for another offense
108	103		other than a traffic offense that is punishable by fine only.
109	104		SECTION 5. Section 411.0725(a), Government Code, is amended
110	105		to read as follows:
111	106		(a) This section applies only to a person placed on deferred
112	107		adjudication community supervision under Subchapter C, Chapter
113	108		42A, Code of Criminal Procedure, who:
114	109		(1) is not eligible to receive an order of
115	110		nondisclosure of criminal history record information under Section
116	111		411.072; and
117	112		(2) was placed on deferred adjudication community
118	113		supervision for an offense other than an offense under Section
119	114		49.04 or 49.06, Penal Code.
120	115		SECTION 6. Subchapter E-1, Chapter 411, Government Code, is
121	116		amended by adding Section 411.0726 to read as follows:
122	117		Sec. 411.0726. PROCEDURE FOR DEFERRED ADJUDICATION
123	118		COMMUNITY SUPERVISION; CERTAIN DRIVING WHILE INTOXICATED AND
124	119		BOATING WHILE INTOXICATED MISDEMEANORS. (a) This section applies
125	120		only to a person who was placed on deferred adjudication community
126	121		supervision under Subchapter C, Chapter 42A, Code of Criminal
127	122		Procedure, for a misdemeanor:
128	123		(1) under Section 49.04 or 49.06, Penal Code; and
129	124		(2) with respect to which no affirmative finding under
130	125		Article 42A.105(f), Code of Criminal Procedure, was filed in the
131	126		papers of the case.
132	127		(b) Notwithstanding any other provision of this subchapter
133	128		or Subchapter F, a person may petition the court that placed the
134	129		person on deferred adjudication community supervision for an order
135	130		of nondisclosure if the person:
136	131		(1) receives a discharge and dismissal under Article
137	132		42A.111, Code of Criminal Procedure;
138	133		(2) satisfies the requirements of Section 411.074; and
139	134		(3) has never been previously convicted of or placed
140	135		on deferred adjudication community supervision for another
141	136		offense, other than a traffic offense that is punishable by fine
142	137		only.
143	138		(c) A petition for an order of nondisclosure of criminal
144	139		history record information filed under this section must include
145	140		evidence that the person is entitled to file the petition.
146	141		(d) Except as provided by Subsection (e), after notice to
147	142		the state, an opportunity for a hearing, and a determination that
148	143		the person is entitled to file the petition and issuance of an order
149	144		of nondisclosure of criminal history record information is in the
150	145		best interest of justice, the court shall issue an order
151	146		prohibiting criminal justice agencies from disclosing to the public
152	147		criminal history record information related to the offense giving
153	148		rise to the deferred adjudication community supervision.
154	149		(e) A court may not issue an order of nondisclosure of
155	150		criminal history record information under this section if the
156	151		attorney representing the state presents evidence sufficient to the
157	152		court demonstrating that the commission of the offense for which
158	153		the order is sought resulted in a motor vehicle accident involving
159	154		another person, including a passenger in a motor vehicle operated
160	155		by the person seeking the order of nondisclosure.
161	156		(f) A person may petition the court that placed the person
162	157		on deferred adjudication community supervision for an order of
163	158		nondisclosure of criminal history record information under this
164	159		section only on or after the second anniversary of the date of
165	160		completion of the deferred adjudication community supervision and
166	161		the discharge and dismissal of the case.
167	162		SECTION 7. Sections 49.09(b) and (g), Penal Code, are
168	163		amended to read as follows:
169	164		(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or
170	165		49.065 is a felony of the third degree if it is shown on the trial of
171	166		the offense that the person has previously been convicted:
172	167		(1) one time of an offense under Section 49.08 or an
173	168		offense under the laws of another state if the offense contains
174	169		elements that are substantially similar to the elements of an
175	170		offense under Section 49.08; or
176	171		(2) two times of any other offense relating to the
177	172		operating of a motor vehicle while intoxicated, operating an
178	173		aircraft while intoxicated, operating a watercraft while
179	174		intoxicated, or operating or assembling an amusement ride while
180	175		intoxicated.
181	176		(g) A conviction may be used for purposes of enhancement
182	177		under this section or enhancement under Subchapter D, Chapter 12,
183	178		but not under both this section and Subchapter D. For purposes of
184	179		this section, a person is considered to have been convicted of an
185	180		offense under Section 49.04 or 49.06 if the person was placed on
186	181		deferred adjudication community supervision for the offense under
187	182		Article 42A.102, Code of Criminal Procedure.
188	183		SECTION 8. (a) The change in law made by this Act to Article
189	184		17.441, Code of Criminal Procedure, applies to a defendant released
190	185		on bond on or after the effective date of this Act, regardless of
191	186		whether the offense for which the person was arrested occurred
192	187		before, on, or after that date.
193	188		(b) The changes in law made by this Act to Articles 42A.102
194	189		and 42A.408, Code of Criminal Procedure, apply only to the
195	190		eligibility for deferred adjudication community supervision of a
196	191		defendant for an offense committed on or after the effective date of
197	192		this Act. The eligibility for deferred adjudication community
198	193		supervision of a defendant for an offense committed before the
199	194		effective date of this Act is governed by the law in effect on the
200	195		date the offense was committed, and the former law is continued in
201	196		effect for that purpose. For purposes of this subsection, an
202	197		offense was committed before the effective date of this Act if any
203	198		element of the offense occurred before that date.
204	199		(c) The changes in law made by this Act to Section 49.09,
205	200		Penal Code, apply only to an offense committed on or after the
206	201		effective date of this Act. An offense committed before the
207	202		effective date of this Act is governed by the law in effect on the
208	203		date the offense was committed, and the former law is continued in
209	204		effect for that purpose. For purposes of this subsection, an
210	205		offense was committed before the effective date of this Act if any
211	206		element of the offense occurred before that date.
212	207		SECTION 9. This Act takes effect September 1, 2019.
213		-	______________________________ ______________________________
214		-	President of the Senate Speaker of the House
215		-	I certify that H.B. No. 3582 was passed by the House on May 2,
216		-	2019, by the following vote: Yeas 142, Nays 0, 1 present, not
217		-	voting; that the House refused to concur in Senate amendments to
218		-	H.B. No. 3582 on May 23, 2019, and requested the appointment of a
219		-	conference committee to consider the differences between the two
220		-	houses; and that the House adopted the conference committee report
221		-	on H.B. No. 3582 on May 26, 2019, by the following vote: Yeas 144,
222		-	Nays 0, 2 present, not voting.
223		-	______________________________
224		-	Chief Clerk of the House
225		-	I certify that H.B. No. 3582 was passed by the Senate, with
226		-	amendments, on May 15, 2019, by the following vote: Yeas 31, Nays
227		-	0; at the request of the House, the Senate appointed a conference
228		-	committee to consider the differences between the two houses; and
229		-	that the Senate adopted the conference committee report on H.B. No.
230		-	3582 on May 25, 2019, by the following vote: Yeas 30, Nays 0.
231		-	______________________________
232		-	Secretary of the Senate
233		-	APPROVED: __________________
234		-	Date
235		-	__________________
236		-	Governor
	208	+	* * * * *