Texas 2021 - 87th Regular

Texas House Bill HB2505 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Smith, Frullo, Metcalf H.B. No. 2505
2		-	(Senate Sponsor - Huffman)
3		-	(In the Senate - Received from the House May 5, 2021;
4		-	May 10, 2021, read first time and referred to Committee on Criminal
5		-	Justice; May 20, 2021, reported favorably by the following vote:
6		-	Yeas 6, Nays 0; May 20, 2021, sent to printer.)
7		-	Click here to see the committee vote
	1	+	87R13341 LHC-F
	2	+	By: Smith, Metcalf H.B. No. 2505
8	3
9	4
10	5		A BILL TO BE ENTITLED
11	6		AN ACT
12	7		relating to creating the criminal offense of boating while
13	8		intoxicated with a child passenger; changing the eligibility for
14	9		deferred adjudication community supervision.
15	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	11		SECTION 1. Chapter 49, Penal Code, is amended by adding
17	12		Section 49.061 to read as follows:
18	13		Sec. 49.061. BOATING WHILE INTOXICATED WITH CHILD
19	14		PASSENGER. (a) A person commits an offense if:
20	15		(1) the person is intoxicated while operating a
21	16		watercraft; and
22	17		(2) the watercraft being operated by the person is
23	18		occupied by a passenger who is younger than 15 years of age.
24	19		(b) An offense under this section is a state jail felony.
25	20		SECTION 2. Sections 49.09(b) and (d), Penal Code, are
26	21		amended to read as follows:
27	22		(b) An offense under Section 49.04, 49.045, 49.05, 49.06,
28	23		49.061, or 49.065 is a felony of the third degree if it is shown on
29	24		the trial of the offense that the person has previously been
30	25		convicted:
31	26		(1) one time of an offense under Section 49.08 or an
32	27		offense under the laws of another state if the offense contains
33	28		elements that are substantially similar to the elements of an
34	29		offense under Section 49.08; or
35	30		(2) two times of any other offense relating to the
36	31		operating of a motor vehicle while intoxicated, operating an
37	32		aircraft while intoxicated, operating a watercraft while
38	33		intoxicated, or operating or assembling an amusement ride while
39	34		intoxicated.
40	35		(d) For the purposes of this section, a conviction for an
41	36		offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065,
42	37		49.07, or 49.08 that occurs on or after September 1, 1994, is a
43	38		final conviction, whether the sentence for the conviction is
44	39		imposed or probated.
45	40		SECTION 3. Section 49.09(c)(3), Penal Code, is amended to
46	41		read as follows:
47	42		(3) "Offense of operating a watercraft while
48	43		intoxicated" means:
49	44		(A) an offense under Section 49.06 or 49.061;
50	45		(B) an offense under Section 49.07 or 49.08, if
51	46		the vehicle operated was a watercraft;
52	47		(C) an offense under Section 31.097, Parks and
53	48		Wildlife Code, as that law existed before September 1, 1994;
54	49		(D) an offense under Section 19.05(a)(2), as that
55	50		law existed before September 1, 1994, if the vehicle operated was a
56	51		watercraft; or
57	52		(E) an offense under the laws of another state
58	53		that prohibit the operation of a watercraft while intoxicated.
59	54		SECTION 4. Section 49.10, Penal Code, is amended to read as
60	55		follows:
61	56		Sec. 49.10. NO DEFENSE. In a prosecution under Section
62	57		49.031 [49.03], 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07,
63	58		or 49.08, the fact that the defendant is or has been entitled to use
64	59		the alcohol, controlled substance, drug, dangerous drug, or other
65	60		substance is not a defense.
66	61		SECTION 5. Section 106.041(g), Alcoholic Beverage Code, is
67	62		amended to read as follows:
68	63		(g) An offense under this section is not a lesser included
69	64		offense under Section 49.04, 49.045, [or] 49.06, or 49.061, Penal
70	65		Code.
71	66		SECTION 6. Article 16.23(b), Code of Criminal Procedure, is
72	67		amended to read as follows:
73	68		(b) Subsection (a) does not apply to a person who is accused
74	69		of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.061,
75	70		49.065, 49.07, or 49.08, Penal Code.
76	71		SECTION 7. Article 17.441(a), Code of Criminal Procedure,
77	72		is amended to read as follows:
78	73		(a) Except as provided by Subsection (b), a magistrate shall
79	74		require on release that a defendant charged with a subsequent
80	75		offense under Section 49.04, 49.05, [or] 49.06, or 49.061, Penal
81	76		Code, or an offense under Section 49.045, 49.07, or 49.08 of that
82	77		code:
83	78		(1) have installed on the motor vehicle owned by the
84	79		defendant or on the vehicle most regularly driven by the defendant,
85	80		a device that uses a deep-lung breath analysis mechanism to make
86	81		impractical the operation of a motor vehicle if ethyl alcohol is
87	82		detected in the breath of the operator; and
88	83		(2) not operate any motor vehicle unless the vehicle
89	84		is equipped with that device.
90	85		SECTION 8. Article 18.01(j), Code of Criminal Procedure, is
91	86		amended to read as follows:
92	87		(j) Any magistrate who is an attorney licensed by this state
93	88		may issue a search warrant under Article 18.02(a)(10) to collect a
94	89		blood specimen from a person who:
95	90		(1) is arrested for an offense under Section 49.04,
96	91		49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code;
97	92		and
98	93		(2) refuses to submit to a breath or blood alcohol
99	94		test.
100	95		SECTION 9. Article 42A.102(b), Code of Criminal Procedure,
101	96		as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. 3582), Acts
102	97		of the 86th Legislature, Regular Session, 2019, is reenacted and
103	98		amended to read as follows:
104	99		(b) In all other cases, the judge may grant deferred
105	100		adjudication community supervision unless:
106	101		(1) the defendant is charged with an offense:
107	102		(A) under Section 20A.02, [or] 20A.03, [or]
108	103		49.045, 49.05, 49.061, 49.065, 49.07, or 49.08, Penal Code;
109	104		(B) under Section 49.04 or 49.06, Penal Code,
110	105		and, at the time of the offense:
111	106		(i) the defendant held a commercial
112	107		driver's license or a commercial learner's permit; or
113	108		(ii) the defendant's alcohol concentration,
114	109		as defined by Section 49.01, Penal Code, was 0.15 or more;
115	110		(C) for which punishment may be increased under
116	111		Section 49.09, Penal Code; or
117	112		(D) for which punishment may be increased under
118	113		Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
119	114		is shown that the defendant has been previously convicted of an
120	115		offense for which punishment was increased under any one of those
121	116		subsections;
122	117		(2) the defendant:
123	118		(A) is charged with an offense under Section
124	119		21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
125	120		the age of the victim, or a felony described by Article 42A.453(b),
126	121		other than a felony described by Subdivision (1)(A) or (3)(B) of
127	122		this subsection; and
128	123		(B) has previously been placed on community
129	124		supervision for an offense under Paragraph (A);
130	125		(3) the defendant is charged with an offense under:
131	126		(A) Section 21.02, Penal Code; or
132	127		(B) Section 22.021, Penal Code, that is
133	128		punishable under Subsection (f) of that section or under Section
134	129		12.42(c)(3) or (4), Penal Code; or
135	130		(4) the defendant is charged with an offense under
136	131		Section 19.02, Penal Code, except that the judge may grant deferred
137	132		adjudication community supervision on determining that the
138	133		defendant did not cause the death of the deceased, did not intend to
139	134		kill the deceased or another, and did not anticipate that a human
140	135		life would be taken.
141	136		SECTION 10. Articles 42A.408(c) and (d), Code of Criminal
142	137		Procedure, are amended to read as follows:
143	138		(c) The court shall require as a condition of community
144	139		supervision that a defendant described by Subsection (b) have an
145	140		ignition interlock device installed on the motor vehicle owned by
146	141		the defendant or on the vehicle most regularly driven by the
147	142		defendant and that the defendant not operate any motor vehicle
148	143		unless the vehicle is equipped with that device if:
149	144		(1) it is shown on the trial of the offense that an
150	145		analysis of a specimen of the defendant's blood, breath, or urine
151	146		showed an alcohol concentration level of 0.15 or more at the time
152	147		the analysis was performed;
153	148		(2) the defendant is placed on community supervision
154	149		after conviction of an offense under Sections 49.04-49.061
155	150		[49.04-49.06], Penal Code, for which the defendant is punished
156	151		under Section 49.09(a) or (b), Penal Code; or
157	152		(3) the court determines under Subsection (d) that the
158	153		defendant has one or more previous convictions under Sections
159	154		49.04-49.08, Penal Code.
160	155		(d) Before placing on community supervision a defendant
161	156		convicted of an offense under Sections 49.04-49.08, Penal Code, the
162	157		court shall determine from criminal history record information
163	158		maintained by the Department of Public Safety whether the defendant
164	159		has one or more previous convictions under any of those sections. A
165	160		previous conviction may not be used for purposes of restricting a
166	161		defendant to the operation of a motor vehicle equipped with an
167	162		ignition interlock device under Subsection (c) if:
168	163		(1) the previous conviction was a final conviction
169	164		under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.07, or 49.08,
170	165		Penal Code, and was for an offense committed before the beginning of
171	166		the 10-year period preceding the date of the instant offense for
172	167		which the defendant was convicted and placed on community
173	168		supervision; and
174	169		(2) the defendant has not been convicted of an offense
175	170		under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.07, or 49.08,
176	171		Penal Code, committed within the 10-year period preceding the date
177	172		of the instant offense for which the defendant was convicted and
178	173		placed on community supervision.
179	174		SECTION 11. Section 12.203(a), Parks and Wildlife Code, is
180	175		amended to read as follows:
181	176		(a) A person may apply to the committee for a reward to be
182	177		paid from the operation game thief fund if the person furnishes
183	178		information leading to the arrest and conviction of a person for a
184	179		violation of this code or any of the following laws or a regulation
185	180		adopted under this code or any of the following laws:
186	181		(1) Subchapter B, Chapter 365, Health and Safety Code;
187	182		(2) Subchapter E, Chapter 191, Natural Resources Code;
188	183		(3) Chapter 28 or Section 30.05, 31.03, 31.11, 37.10,
189	184		49.06, 49.061, 49.07, or 49.08, Penal Code;
190	185		(4) Chapter 160, Tax Code; or
191	186		(5) Subchapter E, Chapter 7, or Subchapter D, Chapter
192	187		26, Water Code.
193	188		SECTION 12. Section 524.011(a), Transportation Code, is
194	189		amended to read as follows:
195	190		(a) An officer arresting a person shall comply with
196	191		Subsection (b) if:
197	192		(1) the person is arrested for an offense under
198	193		Section 49.04, 49.045, [or] 49.06, or 49.061, Penal Code, or an
199	194		offense under Section 49.07 or 49.08 of that code involving the
200	195		operation of a motor vehicle or watercraft, submits to the taking of
201	196		a specimen of breath or blood and an analysis of the specimen shows
202	197		the person had an alcohol concentration of a level specified by
203	198		Section 49.01(2)(B), Penal Code; or
204	199		(2) the person is a minor arrested for an offense under
205	200		Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045,
206	201		[or] 49.06, or 49.061, Penal Code, or an offense under Section 49.07
207	202		or 49.08, Penal Code, involving the operation of a motor vehicle or
208	203		watercraft and:
209	204		(A) the minor is not requested to submit to the
210	205		taking of a specimen; or
211	206		(B) the minor submits to the taking of a specimen
212	207		and an analysis of the specimen shows that the minor had an alcohol
213	208		concentration of greater than.00 but less than the level specified
214	209		by Section 49.01(2)(B), Penal Code.
215	210		SECTION 13. Section 524.015(b), Transportation Code, is
216	211		amended to read as follows:
217	212		(b) A suspension may not be imposed under this chapter on a
218	213		person who is acquitted of a criminal charge under Section 49.04,
219	214		49.045, 49.06, 49.061, 49.07, or 49.08, Penal Code, or Section
220	215		106.041, Alcoholic Beverage Code, arising from the occurrence that
221		-	was the basis for the suspension. If a suspension was imposed
222		-	~~before~~ the acquittal, the department shall rescind the suspension
223		-	~~and~~ shall remove any reference to the suspension from the person's
	216	+	was the basis for the suspension. If a suspension was imposed before
	217	+	the acquittal, the department shall rescind the suspension and
	218	+	shall remove any reference to the suspension from the person's
224	219		computerized driving record.
225	220		SECTION 14. Section 524.022(b), Transportation Code, is
226	221		amended to read as follows:
227	222		(b) A period of suspension under this chapter for a minor
228	223		is:
229	224		(1) 60 days if the minor has not been previously
230	225		convicted of an offense under Section 106.041, Alcoholic Beverage
231	226		Code, or Section 49.04, 49.045, [or] 49.06, or 49.061, Penal Code,
232	227		or an offense under Section 49.07 or 49.08, Penal Code, involving
233	228		the operation of a motor vehicle or a watercraft;
234	229		(2) 120 days if the minor has been previously
235	230		convicted once of an offense listed by Subdivision (1); or
236	231		(3) 180 days if the minor has been previously
237	232		convicted twice or more of an offense listed by Subdivision (1).
238	233		SECTION 15. Section 524.023, Transportation Code, is
239	234		amended to read as follows:
240	235		Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS.
241	236		(a) If a person is convicted of an offense under Section 106.041,
242	237		Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, 49.061,
243	238		49.07, or 49.08, Penal Code, and if any conduct on which that
244	239		conviction is based is a ground for a driver's license suspension
245	240		under this chapter and Section 106.041, Alcoholic Beverage Code,
246	241		Subchapter O, Chapter 521, or Subchapter H, Chapter 522, each of the
247	242		suspensions shall be imposed.
248	243		(b) The court imposing a driver's license suspension under
249	244		Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
250	245		required by Subsection (a) shall credit a period of suspension
251	246		imposed under this chapter toward the period of suspension required
252	247		under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
253	248		Chapter 521, or Subchapter H, Chapter 522, unless the person was
254	249		convicted of an offense under Article 6701l-1, Revised Statutes, as
255	250		that law existed before September 1, 1994, Section 19.05(a)(2),
256	251		Penal Code, as that law existed before September 1, 1994, Section
257	252		49.04, 49.045, 49.06, 49.061, 49.07, or 49.08, Penal Code, or
258	253		Section 106.041, Alcoholic Beverage Code, before the date of the
259	254		conviction on which the suspension is based, in which event credit
260	255		may not be given.
261	256		SECTION 16. Section 524.042(a), Transportation Code, is
262	257		amended to read as follows:
263	258		(a) A suspension of a driver's license under this chapter is
264	259		stayed on the filing of an appeal petition only if:
265	260		(1) the person's driver's license has not been
266	261		suspended as a result of an alcohol-related or drug-related
267	262		enforcement contact during the five years preceding the date of the
268	263		person's arrest; and
269	264		(2) the person has not been convicted during the 10
270	265		years preceding the date of the person's arrest of an offense under:
271	266		(A) Article 6701l-1, Revised Statutes, as that
272	267		law existed before September 1, 1994;
273	268		(B) Section 19.05(a)(2), Penal Code, as that law
274	269		existed before September 1, 1994;
275	270		(C) Section 49.04, 49.045, [or] 49.06, or 49.061,
276	271		Penal Code;
277	272		(D) Section 49.07 or 49.08, Penal Code, if the
278	273		offense involved the operation of a motor vehicle or a watercraft;
279	274		or
280	275		(E) Section 106.041, Alcoholic Beverage Code.
281	276		SECTION 17. Section 724.012(b), Transportation Code, is
282	277		amended to read as follows:
283	278		(b) A peace officer shall require the taking of a specimen
284	279		of the person's breath or blood under any of the following
285	280		circumstances if the officer arrests the person for an offense
286	281		under Chapter 49, Penal Code, involving the operation of a motor
287	282		vehicle or a watercraft and the person refuses the officer's
288	283		request to submit to the taking of a specimen voluntarily:
289	284		(1) the person was the operator of a motor vehicle or a
290	285		watercraft involved in an accident that the officer reasonably
291	286		believes occurred as a result of the offense and, at the time of the
292	287		arrest, the officer reasonably believes that as a direct result of
293	288		the accident:
294	289		(A) any individual has died or will die;
295	290		(B) an individual other than the person has
296	291		suffered serious bodily injury; or
297	292		(C) an individual other than the person has
298	293		suffered bodily injury and been transported to a hospital or other
299	294		medical facility for medical treatment;
300	295		(2) the offense for which the officer arrests the
301	296		person is an offense under Section 49.045, Penal Code; or
302	297		(3) at the time of the arrest, the officer possesses or
303	298		receives reliable information from a credible source that the
304	299		person:
305	300		(A) has been previously convicted of or placed on
306	301		community supervision for an offense under Section 49.045, 49.07,
307	302		or 49.08, Penal Code, or an offense under the laws of another state
308	303		containing elements substantially similar to the elements of an
309	304		offense under those sections; or
310	305		(B) on two or more occasions, has been previously
311	306		convicted of or placed on community supervision for an offense
312	307		under Section 49.04, 49.05, 49.06, 49.061, or 49.065, Penal Code,
313	308		or an offense under the laws of another state containing elements
314	309		substantially similar to the elements of an offense under those
315	310		sections.
316	311		SECTION 18. To the extent of any conflict, this Act prevails
317	312		over another Act of the 87th Legislature, Regular Session, 2021,
318	313		relating to nonsubstantive additions to and corrections in enacted
319	314		codes.
320	315		SECTION 19. This Act takes effect September 1, 2021.
321		-	* * * * *