| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to increasing the criminal penalty for operating a |
|
|
watercraft while intoxicated with a child passenger; changing the |
|
|
eligibility for deferred adjudication community supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 49.06, Penal Code, is amended by |
|
|
amending Subsection (b) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(b) Except as provided by Subsection (c) or Section 49.09, |
|
|
an offense under this section is a Class B misdemeanor, with a |
|
|
minimum term of confinement of 72 hours. |
|
|
(c) If it is shown on the trial of an offense under this |
|
|
section that at the time of the offense the watercraft being |
|
|
operated by the person was occupied by a passenger who was younger |
|
|
than 15 years of age, the offense is a state jail felony. |
|
|
SECTION 2. Article 42A.102(b), Code of Criminal Procedure, |
|
|
as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. 3582), Acts |
|
|
of the 86th Legislature, Regular Session, 2019, is reenacted and |
|
|
amended to read as follows: |
|
|
(b) In all other cases, the judge may grant deferred |
|
|
adjudication community supervision unless: |
|
|
(1) the defendant is charged with an offense: |
|
|
(A) under Section 20A.02, [or] 20A.03, [or] |
|
|
49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code; |
|
|
(B) under Section 49.04 or 49.06, Penal Code, |
|
|
and, at the time of the offense: |
|
|
(i) the defendant held a commercial |
|
|
driver's license or a commercial learner's permit; [or] |
|
|
(ii) the defendant's alcohol concentration, |
|
|
as defined by Section 49.01, Penal Code, was 0.15 or more; or |
|
|
(iii) the watercraft being operated by the |
|
|
defendant was occupied by a passenger who was younger than 15 years |
|
|
of age; |
|
|
(C) for which punishment may be increased under |
|
|
Section 49.09, Penal Code; or |
|
|
(D) for which punishment may be increased under |
|
|
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
|
|
is shown that the defendant has been previously convicted of an |
|
|
offense for which punishment was increased under any one of those |
|
|
subsections; |
|
|
(2) the defendant: |
|
|
(A) is charged with an offense under Section |
|
|
21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of |
|
|
the age of the victim, or a felony described by Article 42A.453(b), |
|
|
other than a felony described by Subdivision (1)(A) or (3)(B) of |
|
|
this subsection; and |
|
|
(B) has previously been placed on community |
|
|
supervision for an offense under Paragraph (A); |
|
|
(3) the defendant is charged with an offense under: |
|
|
(A) Section 21.02, Penal Code; or |
|
|
(B) Section 22.021, Penal Code, that is |
|
|
punishable under Subsection (f) of that section or under Section |
|
|
12.42(c)(3) or (4), Penal Code; or |
|
|
(4) the defendant is charged with an offense under |
|
|
Section 19.02, Penal Code, except that the judge may grant deferred |
|
|
adjudication community supervision on determining that the |
|
|
defendant did not cause the death of the deceased, did not intend to |
|
|
kill the deceased or another, and did not anticipate that a human |
|
|
life would be taken. |
|
|
SECTION 3. The change in law made by this Act applies 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. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 87th Legislature, Regular Session, 2021, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 5. This Act takes effect September 1, 2021. |