| 1 | 1 | | 87R4779 JSC-F |
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| 2 | 2 | | By: Frullo H.B. No. 2327 |
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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 increasing the criminal penalty for operating a |
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| 8 | 8 | | watercraft while intoxicated with a child passenger; changing the |
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| 9 | 9 | | eligibility for deferred adjudication community supervision. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 49.06, Penal Code, is amended by |
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| 12 | 12 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (b) Except as provided by Subsection (c) or Section 49.09, |
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| 15 | 15 | | an offense under this section is a Class B misdemeanor, with a |
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| 16 | 16 | | minimum term of confinement of 72 hours. |
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| 17 | 17 | | (c) If it is shown on the trial of an offense under this |
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| 18 | 18 | | section that at the time of the offense the watercraft being |
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| 19 | 19 | | operated by the person was occupied by a passenger who was younger |
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| 20 | 20 | | than 15 years of age, the offense is a state jail felony. |
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| 21 | 21 | | SECTION 2. Article 42A.102(b), Code of Criminal Procedure, |
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| 22 | 22 | | as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. 3582), Acts |
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| 23 | 23 | | of the 86th Legislature, Regular Session, 2019, is reenacted and |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | (b) In all other cases, the judge may grant deferred |
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| 26 | 26 | | adjudication community supervision unless: |
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| 27 | 27 | | (1) the defendant is charged with an offense: |
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| 28 | 28 | | (A) under Section 20A.02, [or] 20A.03, [or] |
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| 29 | 29 | | 49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code; |
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| 30 | 30 | | (B) under Section 49.04 or 49.06, Penal Code, |
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| 31 | 31 | | and, at the time of the offense: |
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| 32 | 32 | | (i) the defendant held a commercial |
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| 33 | 33 | | driver's license or a commercial learner's permit; [or] |
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| 34 | 34 | | (ii) the defendant's alcohol concentration, |
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| 35 | 35 | | as defined by Section 49.01, Penal Code, was 0.15 or more; or |
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| 36 | 36 | | (iii) the watercraft being operated by the |
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| 37 | 37 | | defendant was occupied by a passenger who was younger than 15 years |
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| 38 | 38 | | of age; |
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| 39 | 39 | | (C) for which punishment may be increased under |
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| 40 | 40 | | Section 49.09, Penal Code; or |
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| 41 | 41 | | (D) for which punishment may be increased under |
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| 42 | 42 | | Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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| 43 | 43 | | is shown that the defendant has been previously convicted of an |
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| 44 | 44 | | offense for which punishment was increased under any one of those |
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| 45 | 45 | | subsections; |
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| 46 | 46 | | (2) the defendant: |
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| 47 | 47 | | (A) is charged with an offense under Section |
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| 48 | 48 | | 21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of |
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| 49 | 49 | | the age of the victim, or a felony described by Article 42A.453(b), |
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| 50 | 50 | | other than a felony described by Subdivision (1)(A) or (3)(B) of |
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| 51 | 51 | | this subsection; and |
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| 52 | 52 | | (B) has previously been placed on community |
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| 53 | 53 | | supervision for an offense under Paragraph (A); |
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| 54 | 54 | | (3) the defendant is charged with an offense under: |
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| 55 | 55 | | (A) Section 21.02, Penal Code; or |
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| 56 | 56 | | (B) Section 22.021, Penal Code, that is |
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| 57 | 57 | | punishable under Subsection (f) of that section or under Section |
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| 58 | 58 | | 12.42(c)(3) or (4), Penal Code; or |
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| 59 | 59 | | (4) the defendant is charged with an offense under |
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| 60 | 60 | | Section 19.02, Penal Code, except that the judge may grant deferred |
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| 61 | 61 | | adjudication community supervision on determining that the |
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| 62 | 62 | | defendant did not cause the death of the deceased, did not intend to |
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| 63 | 63 | | kill the deceased or another, and did not anticipate that a human |
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| 64 | 64 | | life would be taken. |
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| 65 | 65 | | SECTION 3. The change in law made by this Act applies only |
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| 66 | 66 | | to an offense committed on or after the effective date of this Act. |
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| 67 | 67 | | An offense committed before the effective date of this Act is |
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| 68 | 68 | | governed by the law in effect on the date the offense was committed, |
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| 69 | 69 | | and the former law is continued in effect for that purpose. For |
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| 70 | 70 | | purposes of this section, an offense was committed before the |
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| 71 | 71 | | effective date of this Act if any element of the offense occurred |
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| 72 | 72 | | before that date. |
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| 73 | 73 | | SECTION 4. To the extent of any conflict, this Act prevails |
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| 74 | 74 | | over another Act of the 87th Legislature, Regular Session, 2021, |
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| 75 | 75 | | relating to nonsubstantive additions to and corrections in enacted |
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| 76 | 76 | | codes. |
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| 77 | 77 | | SECTION 5. This Act takes effect September 1, 2021. |
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