| 1 | 1 | | 86R7324 LHC-F |
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| 2 | 2 | | By: Bell of Kaufman H.B. No. 4106 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution and punishment of the offense of |
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| 8 | 8 | | intoxication assault. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 49.07, Penal Code, is amended to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an |
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| 13 | 13 | | offense if the person, by accident or mistake: |
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| 14 | 14 | | (1) while operating an aircraft, watercraft, or |
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| 15 | 15 | | amusement ride while intoxicated, or while operating a motor |
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| 16 | 16 | | vehicle in a public place while intoxicated, by reason of that |
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| 17 | 17 | | intoxication causes bodily injury or serious bodily injury to |
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| 18 | 18 | | another; or |
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| 19 | 19 | | (2) as a result of assembling a mobile amusement ride |
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| 20 | 20 | | while intoxicated causes bodily injury or serious bodily injury to |
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| 21 | 21 | | another. |
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| 22 | 22 | | (b) In this section, "serious bodily injury" means bodily |
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| 23 | 23 | | injury that creates a substantial risk of death or that causes |
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| 24 | 24 | | serious permanent disfigurement or protracted loss or impairment of |
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| 25 | 25 | | the function of any bodily member or organ. |
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| 26 | 26 | | (c) Except as provided by Section 49.09, an offense under |
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| 27 | 27 | | this section is: |
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| 28 | 28 | | (1) a state jail felony if the actor causes bodily |
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| 29 | 29 | | injury to another; or |
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| 30 | 30 | | (2) a felony of the third degree if the actor causes |
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| 31 | 31 | | serious bodily injury to another. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to an offense committed on or after the effective date of this Act. |
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| 34 | 34 | | An offense committed before the effective date of this Act is |
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| 35 | 35 | | covered by the law in effect when the offense was committed, and the |
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| 36 | 36 | | former law is continued in effect for that purpose. For purposes of |
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| 37 | 37 | | this section, an offense was committed before the effective date of |
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| 38 | 38 | | this Act if any element of the offense occurred before that date. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2019. |
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