Texas 2025 - 89th Regular

Texas Senate Bill SB2320 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: King S.B. No. 2320
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	2	+	(In the Senate - Filed March 11, 2025; March 25, 2025, read
	3	+	first time and referred to Committee on Criminal Justice;
	4	+	April 3, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; April 3, 2025, sent to printer.)
	6	+	Click here to see the committee vote
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6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to increasing the criminal punishment for certain driving
9	12		while intoxicated offenses.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Sections 49.04(b), (c), and (d), Penal Code, are
12	15		amended to read as follows:
13	16		(b) Except as provided by Subsections (c) and (d) and
14	17		Section 49.09, an offense under this section is a Class A [B]
15	18		misdemeanor, with a minimum term of confinement of 72 hours.
16	19		(c) If it is shown on the trial of an offense under this
17	20		section that at the time of the offense the person operating the
18	21		motor vehicle had an open container of alcohol in the person's
19	22		immediate possession, the offense is a Class A [B] misdemeanor,
20	23		with a minimum term of confinement of six days.
21	24		(d) If it is shown on the trial of an offense under this
22	25		section that an analysis of a specimen of the person's blood,
23	26		breath, or urine showed an alcohol concentration level of 0.15 or
24	27		more at the time the analysis was performed, the offense is a state
25	28		jail felony [Class A misdemeanor].
26	29		SECTION 2. Section 49.09(a), Penal Code, is amended to read
27	30		as follows:
28	31		(a) Except as provided by Subsection (b), [an offense under
29	32		Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor,
30	33		with a minimum term of confinement of 30 days,] if it is shown on the
31	34		trial of the offense that the person has previously been convicted
32	35		one time of an offense relating to the operating of a motor vehicle
33	36		while intoxicated, an offense of operating an aircraft while
34	37		intoxicated, an offense of operating a watercraft while
35	38		intoxicated, or an offense of operating or assembling an amusement
36	39		ride while intoxicated:
37	40		(1) an offense under Section 49.05, 49.06, or 49.065
38	41		is a Class A misdemeanor with a minimum term of confinement of 30
39	42		days; and
40	43		(2) an offense under Section 49.04 is a state jail
41	44		felony.
42	45		SECTION 3. The changes in law made by this Act apply only to
43	46		an offense committed on or after the effective date of this Act. An
44	47		offense committed before the effective date of this Act is governed
45	48		by the law in effect on the date the offense was committed, and the
46	49		former law is continued in effect for that purpose. For purposes of
47	50		this section, an offense was committed before the effective date of
48	51		this Act if any element of the offense occurred before that date.
49	52		SECTION 4. This Act takes effect September 1, 2025.
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