Texas 2023 - 88th Regular

Texas Senate Bill SB1310 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7395 CJD-D
2	2	By: Middleton S.B. No. 1310
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to enhancing the criminal penalty for the offense of
8	8	intoxication manslaughter in certain circumstances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 49.09(b-2), Penal Code, is amended to
11	11	read as follows:
12	12	(b-2) An offense under Section 49.08 is:
13	13	(1) a felony of the first degree if it is shown on the
14	14	trial of the offense that the person caused the death of a person
15	15	described by Subsection (b-1);
16	16	(2) a felony of the first degree punishable by
17	17	imprisonment in the Texas Department of Criminal Justice for life
18	18	if:
19	19	(A) the actor committed the offense when younger
20	20	than 18 years of age; and
21	21	(B) it is shown on the trial of the offense that:
22	22	(i) the actor was restricted to the
23	23	operation of a motor vehicle equipped with an ignition interlock
24	24	device under Article 17.441, Code of Criminal Procedure, Article
25	25	42A.408, Code of Criminal Procedure, Section 521.246,
26	26	Transportation Code, or Subsection (h) of this section; and
27	27	(ii) during the commission of the offense
28	28	the actor, in violation of the order restricting the actor to the
29	29	operation of a motor vehicle equipped with an ignition interlock
30	30	device, operated a motor vehicle not equipped with the device or a
31	31	motor vehicle equipped with a device that the individual knew was
32	32	circumvented or otherwise not functioning; or
33	33	(3) a felony of the first degree punishable by
34	34	imprisonment in the Texas Department of Criminal Justice for life
35	35	without parole if:
36	36	(A) the actor committed the offense when 18 years
37	37	of age or older; and
38	38	(B) it is shown on the trial of the offense that:
39	39	(i) the actor was restricted to the
40	40	operation of a motor vehicle equipped with an ignition interlock
41	41	device under Article 17.441, Code of Criminal Procedure, Article
42	42	42A.408, Code of Criminal Procedure, Section 521.246,
43	43	Transportation Code, or Subsection (h) of this section; and
44	44	(ii) during the commission of the offense
45	45	the actor, in violation of the order restricting the actor to the
46	46	operation of a motor vehicle equipped with an ignition interlock
47	47	device, operated a motor vehicle not equipped with the device or a
48	48	motor vehicle equipped with a device that the individual knew was
49	49	circumvented or otherwise not functioning.
50	50	SECTION 2. Section 49.09(c), Penal Code, is amended by
51	51	adding Subdivision (5) to read as follows:
52	52	(5) "Ignition interlock device" has the meaning
53	53	assigned by Article 42A.408, Code of Criminal Procedure.
54	54	SECTION 3. The changes in law made by this Act apply only to
55	55	an offense committed on or after the effective date of this Act. An
56	56	offense committed before the effective date of this Act is governed
57	57	by the law in effect on the date the offense was committed, and the
58	58	former law is continued in effect for that purpose. For purposes of
59	59	this section, an offense was committed before the effective date of
60	60	this Act if any element of the offense occurred before that date.
61	61	SECTION 4. This Act takes effect September 1, 2023.