Texas 2019 - 86th Regular

Texas Senate Bill SB106 Compare Versions

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

Old	New	Differences
1	1	By: Menéndez S.B. No. 106
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 and
7	7	the eligibility for deferred adjudication community supervision of
8	8	defendants who committed certain intoxication offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42A.102(b), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(b) In all other cases, the judge may grant deferred
13	13	adjudication community supervision unless:
14	14	(1) the defendant is charged with an offense:
15	15	(A) under Section 49.045, 49.05, 49.065, 49.07,
16	16	or 49.08 [Sections 49.04-49.08], Penal Code; [or]
17	17	(B) under Section 49.04 or 49.06, Penal Code,
18	18	and, at the time of the offense:
19	19	(i) the defendant held a commercial
20	20	driver's license or a commercial learner's permit; or
21	21	(ii) the defendant's alcohol concentration,
22	22	as defined by Section 49.01, Penal Code, was 0.16 or more;
23	23	(C) for which punishment may be increased under
24	24	Section 49.09, Penal Code; or
25	25	(D) for which punishment may be increased under
26	26	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
27	27	is shown that the defendant has been previously convicted of an
28	28	offense for which punishment was increased under any one of those
29	29	subsections;
30	30	(2) the defendant:
31	31	(A) is charged with an offense under Section
32	32	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
33	33	victim, or a felony described by Article 42A.453(b); and
34	34	(B) has previously been placed on community
35	35	supervision for an offense under Paragraph (A);
36	36	(3) the defendant is charged with an offense under:
37	37	(A) Section 21.02, Penal Code; or
38	38	(B) Section 22.021, Penal Code, that is
39	39	punishable under Subsection (f) of that section or under Section
40	40	12.42(c)(3) or (4), Penal Code; or
41	41	(4) the defendant is charged with an offense under
42	42	Section 19.02, Penal Code, except that the judge may grant deferred
43	43	adjudication community supervision on determining that the
44	44	defendant did not cause the death of the deceased, did not intend to
45	45	kill the deceased or another, and did not anticipate that a human
46	46	life would be taken.
47	47	SECTION 2. Article 42A.408, Code of Criminal Procedure, is
48	48	amended by adding Subsection (e-1) to read as follows:
49	49	(e-1) A judge granting deferred adjudication community
50	50	supervision to a defendant for an offense under Section 49.04 or
51	51	49.06, Penal Code, shall require that the defendant as a condition
52	52	of community supervision have an ignition interlock device
53	53	installed on the motor vehicle owned by the defendant or on the
54	54	vehicle most regularly driven by the defendant and that the
55	55	defendant not operate any motor vehicle that is not equipped with
56	56	that device, unless the judge finds that restricting the defendant
57	57	to the operation of a motor vehicle equipped with an ignition
58	58	interlock device would not be in the best interest of society and
59	59	enters that finding in the record. This subsection applies
60	60	regardless of whether the defendant would be required to have an
61	61	ignition interlock device installed on conviction of the offense
62	62	for which deferred adjudication community supervision is granted.
63	63	If the judge determines the defendant is unable to pay for the
64	64	ignition interlock device, the judge may impose a reasonable
65	65	payment schedule, as provided by Subsection (f). If the defendant
66	66	provides the court evidence under Section 708.158, Transportation
67	67	Code, sufficient to establish that the defendant is indigent for
68	68	purposes of that section, the judge may enter a finding that the
69	69	defendant is indigent in the record and reduce the costs to the
70	70	defendant by ordering a waiver of the installation charge for the
71	71	ignition interlock device and a 50 percent reduction of the monthly
72	72	device monitoring fee. A reduction in costs ordered under this
73	73	subsection does not apply to any fees that may be assessed against
74	74	the defendant if the ignition interlock device detects ethyl
75	75	alcohol on the breath of the person attempting to operate the motor
76	76	vehicle.
77	77	SECTION 3. Section 411.074(b), Government Code, is amended
78	78	to read as follows:
79	79	(b) A person may not be granted an order of nondisclosure of
80	80	criminal history record information under this subchapter and is
81	81	not entitled to petition the court for an order under this
82	82	subchapter if:
83	83	(1) the person was convicted or placed on deferred
84	84	adjudication community supervision for or has been previously
85	85	convicted or placed on any other deferred adjudication community
86	86	supervision for:
87	87	(A) an offense requiring registration as a sex
88	88	offender under Chapter 62, Code of Criminal Procedure;
89	89	(B) an offense under Section 20.04, Penal Code,
90	90	regardless of whether the offense is a reportable conviction or
91	91	adjudication for purposes of Chapter 62, Code of Criminal
92	92	Procedure;
93	93	(C) an offense under Section 19.02, 19.03,
94	94	20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
95	95	Code; or
96	96	(D) any other offense involving family violence,
97	97	as defined by Section 71.004, Family Code; [or]
98	98	(2) the defendant was placed on deferred adjudication
99	99	community supervision for an offense under Section 49.04 or 49.06,
100	100	Penal Code; or
101	101	(3) the court makes an affirmative finding that the
102	102	offense for which the order of nondisclosure of criminal history
103	103	record information is requested involved family violence, as
104	104	defined by Section 71.004, Family Code.
105	105	SECTION 4. Sections 49.09(b) and (g), Penal Code, are
106	106	amended to read as follows:
107	107	(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or
108	108	49.065 is a felony of the third degree if it is shown on the trial of
109	109	the offense that the person has previously been convicted:
110	110	(1) one time of an offense under Section 49.08 or an
111	111	offense under the laws of another state if the offense contains
112	112	elements that are substantially similar to the elements of an
113	113	offense under Section 49.08; or
114	114	(2) two times of any other offense relating to the
115	115	operating of a motor vehicle while intoxicated, operating an
116	116	aircraft while intoxicated, operating a watercraft while
117	117	intoxicated, or operating or assembling an amusement ride while
118	118	intoxicated.
119	119	(g) A conviction may be used for purposes of enhancement
120	120	under this section or enhancement under Subchapter D, Chapter 12,
121	121	but not under both this section and Subchapter D. For purposes of
122	122	this section, a person is considered to have been convicted of an
123	123	offense under Section 49.04 or 49.06 if the person was placed on
124	124	deferred adjudication community supervision for the offense under
125	125	Article 42A.102, Code of Criminal Procedure.
126	126	SECTION 5. The changes in law made by this Act to Articles
127	127	42A.102 and 42A.408, Code of Criminal Procedure, apply only to the
128	128	eligibility for deferred adjudication community supervision of a
129	129	defendant for an offense committed on or after the effective date of
130	130	this Act. The eligibility for deferred adjudication community
131	131	supervision of a defendant for an offense committed before the
132	132	effective date of this Act is governed by the law in effect on the
133	133	date the offense was committed, and the former law is continued in
134	134	effect for that purpose. For purposes of this section, an offense
135	135	was committed before the effective date of this Act if any element
136	136	of the offense occurred before that date.
137	137	SECTION 6. The changes in law made by this Act to Section
138	138	49.09, Penal Code, apply only to an offense committed on or after
139	139	the effective date of this Act. An offense committed before the
140	140	effective date of this Act is governed by the law in effect on the
141	141	date the offense was committed, and the former law is continued in
142	142	effect for that purpose. For purposes of this section, an offense
143	143	was committed before the effective date of this Act if any element
144	144	of the offense occurred before that date.
145	145	SECTION 7. This Act takes effect September 1, 2017.