By: Zaffirini S.B. No. 9
73R682 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of prior convictions in sentencing a person
1-3 convicted of driving while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 6701l-1(a), Revised Statutes, is amended
1-6 by adding Subdivision (11) to read as follows:
1-7 (11) "Offense relating to the driving or operating of
1-8 a motor vehicle while intoxicated" means:
1-9 (A) an offense under this article;
1-10 (B) an offense under Article 6701l-2, Revised
1-11 Statutes, as that law existed before January 1, 1984;
1-12 (C) an offense under Subdivision (2), Subsection
1-13 (a), Section 19.05, Penal Code; or
1-14 (D) an offense under the laws of another state
1-15 that prohibit the operation of a motor vehicle while intoxicated.
1-16 SECTION 2. Article 6701l-1(d), Revised Statutes, is amended
1-17 to read as follows:
1-18 (d) If it is shown on the trial of an offense under this
1-19 article that the person has previously been convicted one time of
1-20 an offense relating to the driving or operating of a motor vehicle
1-21 while intoxicated <under this article>, the offense is punishable
1-22 by:
1-23 (1) a fine of not less than $300 or more than $2,000;
1-24 and
2-1 (2) confinement in jail for a term of not less than 15
2-2 days or more than two years.
2-3 SECTION 3. Article 6701l-1(e), Revised Statutes, is amended
2-4 to read as follows:
2-5 (e) If it is shown on the trial of an offense under this
2-6 article that the person has previously been convicted two or more
2-7 times of an offense relating to the driving or operating of a motor
2-8 vehicle while intoxicated <under this article>, the offense is
2-9 punishable by:
2-10 (1) a fine of not less than $500 or more than $2,000;
2-11 and
2-12 (2) confinement in jail for a term of not less than 30
2-13 days or more than two years or imprisonment in the state
2-14 penitentiary for a term of not less than 60 days or more than five
2-15 years.
2-16 SECTION 4. Article 6701l-1(i), Revised Statutes, is amended
2-17 to read as follows:
2-18 (i) A conviction may not be used for the purpose of
2-19 enhancement under Subsection (d) or (e) of this article if:
2-20 (1) the conviction was a final conviction under the
2-21 provisions of Subsection <Subsections (g) and> (h) of this article
2-22 and was for an offense committed more than 10 years before the
2-23 offense for which the person is being tried was committed; and
2-24 (2) the person has not been convicted of an offense
2-25 under this article, under Subdivision (2), Subsection (a), Section
2-26 19.05, Penal Code, <or Article 6701l-1, or> under Article 6701l-2,
2-27 Revised Statutes, or under the laws of another state that prohibit
3-1 the operation of a motor vehicle while intoxicated committed within
3-2 10 years immediately preceding the date on which the offense for
3-3 which the person is being tried was committed.
3-4 SECTION 5. Article 6701l-1(g), Revised Statutes, is
3-5 repealed.
3-6 SECTION 6. This Act takes effect September 1, 1993.
3-7 SECTION 7. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.