By: Menéndez S.B. No. 106
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.
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 a finding that the
defendant is indigent in the record 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 411.074(b), Government Code, is amended
to read as follows:
(b) A person may not be granted an order of nondisclosure of
criminal history record information under this subchapter and is
not entitled to petition the court for an order under this
subchapter if:
(1) the person was convicted or placed on deferred
adjudication community supervision for or has been previously
convicted or placed on any other deferred adjudication community
supervision for:
(A) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(B) an offense under Section 20.04, Penal Code,
regardless of whether the offense is a reportable conviction or
adjudication for purposes of Chapter 62, Code of Criminal
Procedure;
(C) an offense under Section 19.02, 19.03,
20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
Code; or
(D) any other offense involving family violence,
as defined by Section 71.004, Family Code; [or]
(2) the defendant was placed on deferred adjudication
community supervision for an offense under Section 49.04 or 49.06,
Penal Code; or
(3) the court makes an affirmative finding that the
offense for which the order of nondisclosure of criminal history
record information is requested involved family violence, as
defined by Section 71.004, Family Code.
SECTION 4. 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 5. 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 6. 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 7. This Act takes effect September 1, 2017.