By Hochberg H.B. No. 113
74R851 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of driving while
1-3 intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (d) and (e), Article 6701l-1, Revised
1-6 Statutes, as amended by Chapter 886, Acts of the 73rd Legislature,
1-7 Regular Session, 1993, are repealed.
1-8 SECTION 2. Section 13(a), Article 42.12, Code of Criminal
1-9 Procedure, as amended by Chapters 886 and 900, Acts of the 73rd
1-10 Legislature, Regular Session, 1993, is amended to read as follows:
1-11 (a) A judge granting community supervision to a defendant
1-12 convicted of an offense under Chapter 49, Penal Code, shall require
1-13 as a condition of community supervision that the defendant submit
1-14 to:
1-15 <(1) 72 hours of detention in a jail if the defendant
1-16 was convicted under Subsection (d) of Article 6701l-1, Revised
1-17 Statutes, of which not less than 48 hours must be served
1-18 consecutively, except that in lieu of the requirement of 48
1-19 consecutive hours of detention, the court may require not less than
1-20 80 hours of community service; 10 days of detention in a jail if
1-21 the defendant was convicted under Subsection (e) of Article
1-22 6701l-1, Revised Statutes, of which not less than 48 hours must be
1-23 served consecutively, except that in lieu of the requirement of 48
1-24 consecutive hours of detention, the court may require not less than
2-1 160 hours of community service; or 30 days of detention in a jail
2-2 if the defendant was convicted under Subsection (f) of Article
2-3 6701l-1, Revised Statutes, of which not less than 48 hours must be
2-4 served consecutively, except that in lieu of the requirement of 48
2-5 consecutive hours of detention, the court may require not less than
2-6 360 hours of community service; and>
2-7 (1) not less than 72 hours of continuous confinement
2-8 if the defendant was punished under Section 49.09(a); not less than
2-9 10 days of continuous confinement if the defendant was punished
2-10 under Section 49.09(b) or (c); or not less than 30 days of
2-11 continuous confinement if the defendant was convicted under Section
2-12 49.07; and
2-13 (2) an evaluation by a supervision officer or by a
2-14 person, program, or facility approved by the Texas Commission on
2-15 Alcohol and Drug Abuse for the purpose of having the facility
2-16 prescribe and carry out a course of conduct necessary for the
2-17 rehabilitation of the defendant's drug or alcohol dependence
2-18 condition.
2-19 SECTION 3. (a) The change in law made by this Act applies
2-20 only to an offense committed on or after the effective date of this
2-21 Act. For purposes of this section, an offense is committed before
2-22 the effective date of this Act if any element of the offense occurs
2-23 before the effective date.
2-24 (b) An offense committed before the effective date of this
2-25 Act is covered by the law in effect when the offense was committed,
2-26 and the former law is continued in effect for this purpose.
2-27 SECTION 4. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended,
3-5 and that this Act take effect and be in force from and after its
3-6 passage, and it is so enacted.