| 1 | 1 | | 89R13147 CJD-F |
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| 2 | 2 | | By: Olcott H.B. No. 4883 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to enhancing the criminal penalty for the offense of |
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| 10 | 10 | | intoxication assault in certain circumstances. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 49.09(b-1) and (b-2), Penal Code, are |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (b-1) An offense under Section 49.07 is: |
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| 15 | 15 | | (1) a felony of the second degree if it is shown on the |
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| 16 | 16 | | trial of the offense that: |
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| 17 | 17 | | (A) the person caused serious bodily injury to a |
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| 18 | 18 | | firefighter or emergency medical services personnel while in the |
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| 19 | 19 | | actual discharge of an official duty; or |
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| 20 | 20 | | (B) the person has previously been convicted: |
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| 21 | 21 | | (i) one time of an offense under Section |
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| 22 | 22 | | 49.07 or 49.08 or an offense under the laws of another state if the |
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| 23 | 23 | | offense contains elements that are substantially similar to the |
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| 24 | 24 | | elements of an offense under Section 49.07 or 49.08; or |
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| 25 | 25 | | (ii) two times of any other offense |
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| 26 | 26 | | relating to the operating of a motor vehicle while intoxicated, |
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| 27 | 27 | | operating an aircraft while intoxicated, operating a watercraft |
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| 28 | 28 | | while intoxicated, or operating or assembling an amusement ride |
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| 29 | 29 | | while intoxicated; or |
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| 30 | 30 | | (2) a felony of the first degree if it is shown on the |
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| 31 | 31 | | trial of the offense that the person caused serious bodily injury to |
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| 32 | 32 | | a peace officer or judge while the officer or judge was in the |
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| 33 | 33 | | actual discharge of an official duty. |
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| 34 | 34 | | (b-2) An offense under Section 49.08 is a felony of the |
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| 35 | 35 | | first degree if it is shown on the trial of the offense that the |
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| 36 | 36 | | person caused the death of a person described by Subsection |
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| 37 | 37 | | (b-1)(1)(A) or (2) [(b-1)]. |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to an offense committed on or after the effective date of this Act. |
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| 40 | 40 | | An offense committed before the effective date of this Act is |
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| 41 | 41 | | governed by the law in effect on the date the offense was committed, |
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| 42 | 42 | | and the former law is continued in effect for that purpose. For |
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| 43 | 43 | | purposes of this section, an offense was committed before the |
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| 44 | 44 | | effective date of this Act if any element of the offense occurred |
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| 45 | 45 | | before that date. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2025. |
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