Texas 2021 - 87th Regular

Texas House Bill HB3064 Compare Versions

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

Old	New	Differences
1	1	87R2551 LHC-D
2	2	By: Metcalf H.B. No. 3064
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creating the criminal offense of boating while
8	8	intoxicated with a child passenger; changing the eligibility for
9	9	deferred adjudication community supervision.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 49, Penal Code, is amended by adding
12	12	Section 49.061 to read as follows:
13	13	Sec. 49.061. BOATING WHILE INTOXICATED WITH CHILD
14	14	PASSENGER. (a) A person commits an offense if:
15	15	(1) the person is intoxicated while operating a
16	16	watercraft; and
17	17	(2) the watercraft being operated by the person is
18	18	occupied by a passenger who is younger than 15 years of age.
19	19	(b) An offense under this section is a state jail felony.
20	20	SECTION 2. Sections 49.09(b) and (d), Penal Code, are
21	21	amended to read as follows:
22	22	(b) An offense under Section 49.04, 49.045, 49.05, 49.06,
23	23	49.061, or 49.065 is a felony of the third degree if it is shown on
24	24	the trial of the offense that the person has previously been
25	25	convicted:
26	26	(1) one time of an offense under Section 49.08 or an
27	27	offense under the laws of another state if the offense contains
28	28	elements that are substantially similar to the elements of an
29	29	offense under Section 49.08; or
30	30	(2) two times of any other offense relating to the
31	31	operating of a motor vehicle while intoxicated, operating an
32	32	aircraft while intoxicated, operating a watercraft while
33	33	intoxicated, or operating or assembling an amusement ride while
34	34	intoxicated.
35	35	(d) For the purposes of this section, a conviction for an
36	36	offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065,
37	37	49.07, or 49.08 that occurs on or after September 1, 1994, is a
38	38	final conviction, whether the sentence for the conviction is
39	39	imposed or probated.
40	40	SECTION 3. Section 49.09(c)(3), Penal Code, is amended to
41	41	read as follows:
42	42	(3) "Offense of operating a watercraft while
43	43	intoxicated" means:
44	44	(A) an offense under Section 49.06 or 49.061;
45	45	(B) an offense under Section 49.07 or 49.08, if
46	46	the vehicle operated was a watercraft;
47	47	(C) an offense under Section 31.097, Parks and
48	48	Wildlife Code, as that law existed before September 1, 1994;
49	49	(D) an offense under Section 19.05(a)(2), as that
50	50	law existed before September 1, 1994, if the vehicle operated was a
51	51	watercraft; or
52	52	(E) an offense under the laws of another state
53	53	that prohibit the operation of a watercraft while intoxicated.
54	54	SECTION 4. Section 49.10, Penal Code, is amended to read as
55	55	follows:
56	56	Sec. 49.10. NO DEFENSE. In a prosecution under Section
57	57	49.031 [49.03], 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07,
58	58	or 49.08, the fact that the defendant is or has been entitled to use
59	59	the alcohol, controlled substance, drug, dangerous drug, or other
60	60	substance is not a defense.
61	61	SECTION 5. Section 106.041(g), Alcoholic Beverage Code, is
62	62	amended to read as follows:
63	63	(g) An offense under this section is not a lesser included
64	64	offense under Section 49.04, 49.045, [or] 49.06, or 49.061, Penal
65	65	Code.
66	66	SECTION 6. Article 16.23(b), Code of Criminal Procedure, is
67	67	amended to read as follows:
68	68	(b) Subsection (a) does not apply to a person who is accused
69	69	of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.061,
70	70	49.065, 49.07, or 49.08, Penal Code.
71	71	SECTION 7. Article 17.441(a), Code of Criminal Procedure,
72	72	is amended to read as follows:
73	73	(a) Except as provided by Subsection (b), a magistrate shall
74	74	require on release that a defendant charged with a subsequent
75	75	offense under Section 49.04, 49.05, [or] 49.06, or 49.061, Penal
76	76	Code, or an offense under Section 49.045, 49.07, or 49.08 of that
77	77	code:
78	78	(1) have installed on the motor vehicle owned by the
79	79	defendant or on the vehicle most regularly driven by the defendant,
80	80	a device that uses a deep-lung breath analysis mechanism to make
81	81	impractical the operation of a motor vehicle if ethyl alcohol is
82	82	detected in the breath of the operator; and
83	83	(2) not operate any motor vehicle unless the vehicle
84	84	is equipped with that device.
85	85	SECTION 8. Article 18.01(j), Code of Criminal Procedure, is
86	86	amended to read as follows:
87	87	(j) Any magistrate who is an attorney licensed by this state
88	88	may issue a search warrant under Article 18.02(a)(10) to collect a
89	89	blood specimen from a person who:
90	90	(1) is arrested for an offense under Section 49.04,
91	91	49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code;
92	92	and
93	93	(2) refuses to submit to a breath or blood alcohol
94	94	test.
95	95	SECTION 9. Article 42A.102(b), Code of Criminal Procedure,
96	96	as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. 3582), Acts
97	97	of the 86th Legislature, Regular Session, 2019, is reenacted and
98	98	amended to read as follows:
99	99	(b) In all other cases, the judge may grant deferred
100	100	adjudication community supervision unless:
101	101	(1) the defendant is charged with an offense:
102	102	(A) under Section 20A.02, [or] 20A.03, [or]
103	103	49.045, 49.05, 49.061, 49.065, 49.07, or 49.08, Penal Code;
104	104	(B) under Section 49.04 or 49.06, Penal Code,
105	105	and, at the time of the offense:
106	106	(i) the defendant held a commercial
107	107	driver's license or a commercial learner's permit; or
108	108	(ii) the defendant's alcohol concentration,
109	109	as defined by Section 49.01, Penal Code, was 0.15 or more;
110	110	(C) for which punishment may be increased under
111	111	Section 49.09, Penal Code; or
112	112	(D) for which punishment may be increased under
113	113	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
114	114	is shown that the defendant has been previously convicted of an
115	115	offense for which punishment was increased under any one of those
116	116	subsections;
117	117	(2) the defendant:
118	118	(A) is charged with an offense under Section
119	119	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
120	120	the age of the victim, or a felony described by Article 42A.453(b),
121	121	other than a felony described by Subdivision (1)(A) or (3)(B) of
122	122	this subsection; and
123	123	(B) has previously been placed on community
124	124	supervision for an offense under Paragraph (A);
125	125	(3) the defendant is charged with an offense under:
126	126	(A) Section 21.02, Penal Code; or
127	127	(B) Section 22.021, Penal Code, that is
128	128	punishable under Subsection (f) of that section or under Section
129	129	12.42(c)(3) or (4), Penal Code; or
130	130	(4) the defendant is charged with an offense under
131	131	Section 19.02, Penal Code, except that the judge may grant deferred
132	132	adjudication community supervision on determining that the
133	133	defendant did not cause the death of the deceased, did not intend to
134	134	kill the deceased or another, and did not anticipate that a human
135	135	life would be taken.
136	136	SECTION 10. Articles 42A.408(c) and (d), Code of Criminal
137	137	Procedure, are amended to read as follows:
138	138	(c) The court shall require as a condition of community
139	139	supervision that a defendant described by Subsection (b) have an
140	140	ignition interlock device installed on the motor vehicle owned by
141	141	the defendant or on the vehicle most regularly driven by the
142	142	defendant and that the defendant not operate any motor vehicle
143	143	unless the vehicle is equipped with that device if:
144	144	(1) it is shown on the trial of the offense that an
145	145	analysis of a specimen of the defendant's blood, breath, or urine
146	146	showed an alcohol concentration level of 0.15 or more at the time
147	147	the analysis was performed;
148	148	(2) the defendant is placed on community supervision
149	149	after conviction of an offense under Sections 49.04-49.061
150	150	[49.04-49.06], Penal Code, for which the defendant is punished
151	151	under Section 49.09(a) or (b), Penal Code; or
152	152	(3) the court determines under Subsection (d) that the
153	153	defendant has one or more previous convictions under Sections
154	154	49.04-49.08, Penal Code.
155	155	(d) Before placing on community supervision a defendant
156	156	convicted of an offense under Sections 49.04-49.08, Penal Code, the
157	157	court shall determine from criminal history record information
158	158	maintained by the Department of Public Safety whether the defendant
159	159	has one or more previous convictions under any of those sections. A
160	160	previous conviction may not be used for purposes of restricting a
161	161	defendant to the operation of a motor vehicle equipped with an
162	162	ignition interlock device under Subsection (c) if:
163	163	(1) the previous conviction was a final conviction
164	164	under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.07, or 49.08,
165	165	Penal Code, and was for an offense committed before the beginning of
166	166	the 10-year period preceding the date of the instant offense for
167	167	which the defendant was convicted and placed on community
168	168	supervision; and
169	169	(2) the defendant has not been convicted of an offense
170	170	under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.07, or 49.08,
171	171	Penal Code, committed within the 10-year period preceding the date
172	172	of the instant offense for which the defendant was convicted and
173	173	placed on community supervision.
174	174	SECTION 11. Section 12.203(a), Parks and Wildlife Code, is
175	175	amended to read as follows:
176	176	(a) A person may apply to the committee for a reward to be
177	177	paid from the operation game thief fund if the person furnishes
178	178	information leading to the arrest and conviction of a person for a
179	179	violation of this code or any of the following laws or a regulation
180	180	adopted under this code or any of the following laws:
181	181	(1) Subchapter B, Chapter 365, Health and Safety Code;
182	182	(2) Subchapter E, Chapter 191, Natural Resources Code;
183	183	(3) Chapter 28 or Section 30.05, 31.03, 31.11, 37.10,
184	184	49.06, 49.061, 49.07, or 49.08, Penal Code;
185	185	(4) Chapter 160, Tax Code; or
186	186	(5) Subchapter E, Chapter 7, or Subchapter D, Chapter
187	187	26, Water Code.
188	188	SECTION 12. Section 524.011(a), Transportation Code, is
189	189	amended to read as follows:
190	190	(a) An officer arresting a person shall comply with
191	191	Subsection (b) if:
192	192	(1) the person is arrested for an offense under
193	193	Section 49.04, 49.045, [or] 49.06, or 49.061, Penal Code, or an
194	194	offense under Section 49.07 or 49.08 of that code involving the
195	195	operation of a motor vehicle or watercraft, submits to the taking of
196	196	a specimen of breath or blood and an analysis of the specimen shows
197	197	the person had an alcohol concentration of a level specified by
198	198	Section 49.01(2)(B), Penal Code; or
199	199	(2) the person is a minor arrested for an offense under
200	200	Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045,
201	201	[or] 49.06, or 49.061, Penal Code, or an offense under Section 49.07
202	202	or 49.08, Penal Code, involving the operation of a motor vehicle or
203	203	watercraft and:
204	204	(A) the minor is not requested to submit to the
205	205	taking of a specimen; or
206	206	(B) the minor submits to the taking of a specimen
207	207	and an analysis of the specimen shows that the minor had an alcohol
208	208	concentration of greater than.00 but less than the level specified
209	209	by Section 49.01(2)(B), Penal Code.
210	210	SECTION 13. Section 524.015(b), Transportation Code, is
211	211	amended to read as follows:
212	212	(b) A suspension may not be imposed under this chapter on a
213	213	person who is acquitted of a criminal charge under Section 49.04,
214	214	49.045, 49.06, 49.061, 49.07, or 49.08, Penal Code, or Section
215	215	106.041, Alcoholic Beverage Code, arising from the occurrence that
216	216	was the basis for the suspension. If a suspension was imposed before
217	217	the acquittal, the department shall rescind the suspension and
218	218	shall remove any reference to the suspension from the person's
219	219	computerized driving record.
220	220	SECTION 14. Section 524.022(b), Transportation Code, is
221	221	amended to read as follows:
222	222	(b) A period of suspension under this chapter for a minor
223	223	is:
224	224	(1) 60 days if the minor has not been previously
225	225	convicted of an offense under Section 106.041, Alcoholic Beverage
226	226	Code, or Section 49.04, 49.045, [or] 49.06, or 49.061, Penal Code,
227	227	or an offense under Section 49.07 or 49.08, Penal Code, involving
228	228	the operation of a motor vehicle or a watercraft;
229	229	(2) 120 days if the minor has been previously
230	230	convicted once of an offense listed by Subdivision (1); or
231	231	(3) 180 days if the minor has been previously
232	232	convicted twice or more of an offense listed by Subdivision (1).
233	233	SECTION 15. Section 524.023, Transportation Code, is
234	234	amended to read as follows:
235	235	Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS.
236	236	(a) If a person is convicted of an offense under Section 106.041,
237	237	Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, 49.061,
238	238	49.07, or 49.08, Penal Code, and if any conduct on which that
239	239	conviction is based is a ground for a driver's license suspension
240	240	under this chapter and Section 106.041, Alcoholic Beverage Code,
241	241	Subchapter O, Chapter 521, or Subchapter H, Chapter 522, each of the
242	242	suspensions shall be imposed.
243	243	(b) The court imposing a driver's license suspension under
244	244	Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
245	245	required by Subsection (a) shall credit a period of suspension
246	246	imposed under this chapter toward the period of suspension required
247	247	under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
248	248	Chapter 521, or Subchapter H, Chapter 522, unless the person was
249	249	convicted of an offense under Article 6701l-1, Revised Statutes, as
250	250	that law existed before September 1, 1994, Section 19.05(a)(2),
251	251	Penal Code, as that law existed before September 1, 1994, Section
252	252	49.04, 49.045, 49.06, 49.061, 49.07, or 49.08, Penal Code, or
253	253	Section 106.041, Alcoholic Beverage Code, before the date of the
254	254	conviction on which the suspension is based, in which event credit
255	255	may not be given.
256	256	SECTION 16. Section 524.042(a), Transportation Code, is
257	257	amended to read as follows:
258	258	(a) A suspension of a driver's license under this chapter is
259	259	stayed on the filing of an appeal petition only if:
260	260	(1) the person's driver's license has not been
261	261	suspended as a result of an alcohol-related or drug-related
262	262	enforcement contact during the five years preceding the date of the
263	263	person's arrest; and
264	264	(2) the person has not been convicted during the 10
265	265	years preceding the date of the person's arrest of an offense under:
266	266	(A) Article 6701l-1, Revised Statutes, as that
267	267	law existed before September 1, 1994;
268	268	(B) Section 19.05(a)(2), Penal Code, as that law
269	269	existed before September 1, 1994;
270	270	(C) Section 49.04, 49.045, [or] 49.06, or 49.061,
271	271	Penal Code;
272	272	(D) Section 49.07 or 49.08, Penal Code, if the
273	273	offense involved the operation of a motor vehicle or a watercraft;
274	274	or
275	275	(E) Section 106.041, Alcoholic Beverage Code.
276	276	SECTION 17. Section 724.012(b), Transportation Code, is
277	277	amended to read as follows:
278	278	(b) A peace officer shall require the taking of a specimen
279	279	of the person's breath or blood under any of the following
280	280	circumstances if the officer arrests the person for an offense
281	281	under Chapter 49, Penal Code, involving the operation of a motor
282	282	vehicle or a watercraft and the person refuses the officer's
283	283	request to submit to the taking of a specimen voluntarily:
284	284	(1) the person was the operator of a motor vehicle or a
285	285	watercraft involved in an accident that the officer reasonably
286	286	believes occurred as a result of the offense and, at the time of the
287	287	arrest, the officer reasonably believes that as a direct result of
288	288	the accident:
289	289	(A) any individual has died or will die;
290	290	(B) an individual other than the person has
291	291	suffered serious bodily injury; or
292	292	(C) an individual other than the person has
293	293	suffered bodily injury and been transported to a hospital or other
294	294	medical facility for medical treatment;
295	295	(2) the offense for which the officer arrests the
296	296	person is an offense under Section 49.045, Penal Code; or
297	297	(3) at the time of the arrest, the officer possesses or
298	298	receives reliable information from a credible source that the
299	299	person:
300	300	(A) has been previously convicted of or placed on
301	301	community supervision for an offense under Section 49.045, 49.07,
302	302	or 49.08, Penal Code, or an offense under the laws of another state
303	303	containing elements substantially similar to the elements of an
304	304	offense under those sections; or
305	305	(B) on two or more occasions, has been previously
306	306	convicted of or placed on community supervision for an offense
307	307	under Section 49.04, 49.05, 49.06, 49.061, or 49.065, Penal Code,
308	308	or an offense under the laws of another state containing elements
309	309	substantially similar to the elements of an offense under those
310	310	sections.
311	311	SECTION 18. To the extent of any conflict, this Act prevails
312	312	over another Act of the 87th Legislature, Regular Session, 2021,
313	313	relating to nonsubstantive additions to and corrections in enacted
314	314	codes.
315	315	SECTION 19. This Act takes effect September 1, 2021.