88R7395 CJD-D
By: Middleton S.B. No. 1310
A BILL TO BE ENTITLED
AN ACT
relating to enhancing the criminal penalty for the offense of
intoxication manslaughter in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.09(b-2), Penal Code, is amended to
read as follows:
(b-2) An offense under Section 49.08 is:
(1) a felony of the first degree if it is shown on the
trial of the offense that the person caused the death of a person
described by Subsection (b-1);
(2) a felony of the first degree punishable by
imprisonment in the Texas Department of Criminal Justice for life
if:
(A) the actor committed the offense when younger
than 18 years of age; and
(B) it is shown on the trial of the offense that:
(i) the actor was restricted to the
operation of a motor vehicle equipped with an ignition interlock
device under Article 17.441, Code of Criminal Procedure, Article
42A.408, Code of Criminal Procedure, Section 521.246,
Transportation Code, or Subsection (h) of this section; and
(ii) during the commission of the offense
the actor, in violation of the order restricting the actor to the
operation of a motor vehicle equipped with an ignition interlock
device, operated a motor vehicle not equipped with the device or a
motor vehicle equipped with a device that the individual knew was
circumvented or otherwise not functioning; or
(3) a felony of the first degree punishable by
imprisonment in the Texas Department of Criminal Justice for life
without parole if:
(A) the actor committed the offense when 18 years
of age or older; and
(B) it is shown on the trial of the offense that:
(i) the actor was restricted to the
operation of a motor vehicle equipped with an ignition interlock
device under Article 17.441, Code of Criminal Procedure, Article
42A.408, Code of Criminal Procedure, Section 521.246,
Transportation Code, or Subsection (h) of this section; and
(ii) during the commission of the offense
the actor, in violation of the order restricting the actor to the
operation of a motor vehicle equipped with an ignition interlock
device, operated a motor vehicle not equipped with the device or a
motor vehicle equipped with a device that the individual knew was
circumvented or otherwise not functioning.
SECTION 2. Section 49.09(c), Penal Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Ignition interlock device" has the meaning
assigned by Article 42A.408, Code of Criminal Procedure.
SECTION 3. The changes in law made by this Act 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 4. This Act takes effect September 1, 2023.