By Gallego H.B. No. 851
74R3567 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consequences of certain criminal offenses arising
1-3 out of the operation of a motor vehicle by a person without a
1-4 driver's license.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1.07(a), Penal Code, is amended by adding
1-7 Subdivision (49) to read as follows:
1-8 (49) "Driver's license" has the meaning assigned that
1-9 term by Section 1, Chapter 173, Acts of the 47th Legislature,
1-10 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
1-11 Statutes).
1-12 SECTION 2. Section 3.03, Penal Code, is amended to read as
1-13 follows:
1-14 Sec. 3.03. Sentences for Offenses Arising Out of Same
1-15 Criminal Episode. When the accused is found guilty of more than
1-16 one offense arising out of the same criminal episode prosecuted in
1-17 a single criminal action, sentence for each offense for which he
1-18 has been found guilty shall be pronounced. Except as provided by
1-19 Section 3.05, the <Such> sentences shall run concurrently.
1-20 SECTION 3. Section 3.04(b), Penal Code, is amended to read
1-21 as follows:
1-22 (b) In the event of severance under this section, the
1-23 provisions of Section 3.03 do not apply, and, except as provided by
1-24 Section 3.05, the court in its discretion may order the sentences
2-1 to run either concurrently or consecutively.
2-2 SECTION 4. Chapter 3, Penal Code, is amended by adding
2-3 Section 3.05 to read as follows:
2-4 Sec. 3.05. CERTAIN MULTIPLE OFFENSES. The sentences for the
2-5 offenses run consecutively if:
2-6 (1) the defendant is convicted of more than one
2-7 offense under Section 19.04 (manslaughter), 19.05 (criminally
2-8 negligent homicide), 22.01 (assault), 22.02 (aggravated assault),
2-9 28.03 (criminal mischief), 28.04 (reckless damage or destruction),
2-10 49.07 (intoxication assault), or 49.08 (intoxication manslaughter);
2-11 (2) the offenses arise out of the defendant's
2-12 operation of a motor vehicle; and
2-13 (3) at the time the defendant commits the offenses:
2-14 (A) the defendant has not been issued a driver's
2-15 license; or
2-16 (B) the defendant's driver's license is under
2-17 suspension, has been revoked, or expired while that license was
2-18 under suspension.
2-19 SECTION 5. Section 19.04, Penal Code, is amended by amending
2-20 Subsection (b) and adding Subsection (c) to read as follows:
2-21 (b) Except as provided by Subsection (c), an <An> offense
2-22 under this section is a felony of the second degree.
2-23 (c) An offense under this section is a felony of the first
2-24 degree if:
2-25 (1) the offense arises out of the actor's operation of
2-26 a motor vehicle; and
2-27 (2) at the time the actor commits the offense:
3-1 (A) the actor has not been issued a driver's
3-2 license; or
3-3 (B) the actor's driver's license is under
3-4 suspension, has been revoked, or expired while that license was
3-5 under suspension.
3-6 SECTION 6. Section 19.05, Penal Code, is amended by amending
3-7 Subsection (b) and adding Subsection (c) to read as follows:
3-8 (b) Except as provided by Subsection (c), an <An> offense
3-9 under this section is a state jail felony.
3-10 (c) An offense under this section is a felony of the third
3-11 degree if:
3-12 (1) the offense arises out of the actor's operation of
3-13 a motor vehicle; and
3-14 (2) at the time the actor commits the offense:
3-15 (A) the actor has not been issued a driver's
3-16 license; or
3-17 (B) the actor's driver's license is under
3-18 suspension, has been revoked, or expired while that license was
3-19 under suspension.
3-20 SECTION 7. Section 22.01, Penal Code, is amended by amending
3-21 Subsection (b) and adding Subsection (d) to read as follows:
3-22 (b) Except as provided by Subsection (d), an <An> offense
3-23 under Subsection (a)(1) is a Class A misdemeanor.
3-24 (d) An offense under Subsection (a)(1) is a state jail
3-25 felony if:
3-26 (1) the offense arises out of the actor's operation of
3-27 a motor vehicle; and
4-1 (2) at the time the actor commits the offense:
4-2 (A) the actor has not been issued a driver's
4-3 license; or
4-4 (B) the actor's driver's license is under
4-5 suspension, has been revoked, or expired while that license was
4-6 under suspension.
4-7 SECTION 8. Sections 22.02(a) and (b), Penal Code, are
4-8 amended to read as follows:
4-9 (a) A person commits an offense if the person commits
4-10 assault as defined in Section 22.01 and the person:
4-11 (1) causes serious bodily injury to another, including
4-12 the person's spouse; <or>
4-13 (2) causes serious mental deficiency, impairment, or
4-14 injury to another, including the person's spouse; or
4-15 (3) uses or exhibits a deadly weapon during the
4-16 commission of the assault.
4-17 (b) An offense under this section is a felony of the second
4-18 degree, except that the offense is a felony of the first degree if
4-19 the offense:
4-20 (1) is committed:
4-21 (A) <(1)> by a public servant acting under color
4-22 of the servant's office or employment;
4-23 (B) <(2)> against a person the actor knows is a
4-24 public servant while the public servant is lawfully discharging an
4-25 official duty, or in retaliation or on account of an exercise of
4-26 official power or performance of an official duty as a public
4-27 servant; or
5-1 (C) <(3)> in retaliation against or on account
5-2 of the service of another as a witness, prospective witness,
5-3 informant, or person who has reported the occurrence of a crime; or
5-4 (2) arises out of the actor's operation of a motor
5-5 vehicle and at the time the actor commits the offense:
5-6 (A) the actor has not been issued a driver's
5-7 license; or
5-8 (B) the actor's driver's license is under
5-9 suspension, has been revoked, or expired while that license was
5-10 under suspension.
5-11 SECTION 9. Section 28.03, Penal Code, is amended by amending
5-12 Subsection (b) and adding Subsection (g) to read as follows:
5-13 (b) Except as provided by Subsections <Subsection> (f) and
5-14 (g), an offense under this section is:
5-15 (1) a Class C misdemeanor if:
5-16 (A) the amount of pecuniary loss is less than
5-17 $20; or
5-18 (B) except as provided in Subdivision (3)(B), it
5-19 causes substantial inconvenience to others;
5-20 (2) a Class B misdemeanor if the amount of pecuniary
5-21 loss is $20 or more but less than $500;
5-22 (3) a Class A misdemeanor if the amount of pecuniary
5-23 loss is:
5-24 (A) $500 or more but less than $1,500; or
5-25 (B) less than $1,500 and the actor causes in
5-26 whole or in part impairment or interruption of public
5-27 communications, public transportation, public water, gas, or power
6-1 supply, or other public service, or causes to be diverted in whole,
6-2 in part, or in any manner, including installation or removal of any
6-3 device for any such purpose, any public communications, public
6-4 water, gas, or power supply;
6-5 (4) a state jail felony if the amount of pecuniary
6-6 loss is $1,500 or more but less than $20,000;
6-7 (5) a felony of the third degree if the amount of the
6-8 pecuniary loss is $20,000 or more but less than $100,000;
6-9 (6) a felony of the second degree if the amount of
6-10 pecuniary loss is $100,000 or more but less than $200,000; or
6-11 (7) a felony of the first degree if the amount of
6-12 pecuniary loss is $200,000 or more.
6-13 (g) An offense described for purposes of punishment by
6-14 Subsections (b)(1)-(6) is increased to the next higher category of
6-15 offense if it is shown on the trial of the offense that:
6-16 (1) the offense arises out of the actor's operation of
6-17 a motor vehicle; and
6-18 (2) at the time the actor commits the offense:
6-19 (A) the actor has not been issued a driver's
6-20 license; or
6-21 (B) the actor's driver's license is under
6-22 suspension, has been revoked, or expired while that license was
6-23 under suspension.
6-24 SECTION 10. Section 28.04, Penal Code, is amended by
6-25 amending Subsection (b) and adding Subsection (c) to read as
6-26 follows:
6-27 (b) Except as provided by Subsection (c), an <An> offense
7-1 under this section is a Class C misdemeanor.
7-2 (c) An offense under this section is a Class B misdemeanor
7-3 if:
7-4 (1) the offense arises out of the actor's operation of
7-5 a motor vehicle; and
7-6 (2) at the time the actor commits the offense:
7-7 (A) the actor has not been issued a driver's
7-8 license; or
7-9 (B) the actor's driver's license is under
7-10 suspension, has been revoked, or expired while that license was
7-11 under suspension.
7-12 SECTION 11. Section 49.04, Penal Code, is amended by
7-13 amending Subsections (b) and (c) and adding Subsection (d) to read
7-14 as follows:
7-15 (b) Except as provided by Subsection (c), Subsection (d),
7-16 and Section 49.09, an offense under this section is a Class B
7-17 misdemeanor, with a minimum term of confinement of 72 hours.
7-18 (c) Except as provided by Subsection (d), if <If> it is
7-19 shown on the trial of an offense under this section that at the
7-20 time of the offense the person driving or operating the motor
7-21 vehicle had an open container of alcohol in the person's immediate
7-22 possession, the offense is a Class B misdemeanor, with a minimum
7-23 term of confinement of six days.
7-24 (d) An offense described for purposes of punishment by
7-25 Subsection (b) or (c) is increased to the next higher category of
7-26 offense if it is shown on the trial of the offense that at the time
7-27 the actor commits the offense:
8-1 (1) the actor has not been issued a driver's license;
8-2 or
8-3 (2) the actor's driver's license is under suspension,
8-4 has been revoked, or expired while that license was under
8-5 suspension.
8-6 SECTION 12. Section 49.07, Penal Code, is amended by
8-7 amending Subsection (c) and adding Subsection (d) to read as
8-8 follows:
8-9 (c) Except as provided by Subsection (d), an <An> offense
8-10 under this section is a felony of the third degree.
8-11 (d) An offense under this section is a felony of the second
8-12 degree if:
8-13 (1) the offense arises out of the actor's operation of
8-14 a motor vehicle; and
8-15 (2) at the time the actor commits the offense:
8-16 (A) the actor has not been issued a driver's
8-17 license; or
8-18 (B) the actor's driver's license is under
8-19 suspension, has been revoked, or expired while that license was
8-20 under suspension.
8-21 SECTION 13. Section 49.08, Penal Code, is amended by
8-22 amending Subsection (b) and adding Subsection (c) to read as
8-23 follows:
8-24 (b) Except as provided by Subsection (c), an <An> offense
8-25 under this section is a felony of the second degree.
8-26 (c) An offense under this section is a felony of the first
8-27 degree if:
9-1 (1) the offense arises out of the actor's operation of
9-2 a motor vehicle; and
9-3 (2) at the time the actor commits the offense:
9-4 (A) the actor has not been issued a driver's
9-5 license; or
9-6 (B) the actor's driver's license is under
9-7 suspension, has been revoked, or expired while that license was
9-8 under suspension.
9-9 SECTION 14. Article 42.08, Code of Criminal Procedure, is
9-10 amended by amending Subsection (a) and by adding Subsection (d) to
9-11 read as follows:
9-12 (a) When the same defendant has been convicted in two or
9-13 more cases, judgment and sentence shall be pronounced in each case
9-14 in the same manner as if there had been but one conviction. Except
9-15 as provided by Sections (b), (c), and (d) <and (c)> of this
9-16 article, in the discretion of the court, the judgment in the second
9-17 and subsequent convictions may either be that the sentence imposed
9-18 or suspended shall begin when the judgment and the sentence imposed
9-19 or suspended in the preceding conviction has ceased to operate, or
9-20 that the sentence imposed or suspended shall run concurrently with
9-21 the other case or cases, and sentence and execution shall be
9-22 accordingly; provided, however, that the cumulative total of
9-23 suspended sentences in felony cases shall not exceed 10 years, and
9-24 the cumulative total of suspended sentences in misdemeanor cases
9-25 shall not exceed the maximum period of confinement in jail
9-26 applicable to the misdemeanor offenses, though in no event more
9-27 than three years, including extensions of periods of community
10-1 supervision under Section 22, Article 42.12, of this code, if none
10-2 of the offenses are offenses under Chapter 49, Penal Code, or four
10-3 years, including extensions, if any of the offenses are offenses
10-4 under Chapter 49, Penal Code.
10-5 (d) The court may not order the sentences imposed or
10-6 suspended to run concurrently if:
10-7 (1) the defendant is convicted of more than one
10-8 offense under Section 19.04 (manslaughter), 19.05 (criminally
10-9 negligent homicide), 22.01 (assault), 22.02 (aggravated assault),
10-10 28.03 (criminal mischief), 28.04 (reckless damage or destruction),
10-11 49.07 (intoxication assault), or 49.08 (intoxication manslaughter);
10-12 (2) the offenses arise out of the defendant's
10-13 operation of a motor vehicle; and
10-14 (3) at the time the defendant commits the offenses:
10-15 (A) the defendant has not been issued a driver's
10-16 license; or
10-17 (B) the defendant's driver's license is under
10-18 suspension, has been revoked, or expired while that license was
10-19 under suspension.
10-20 SECTION 15. (a) The changes in law made by Sections 2-4 and
10-21 14 of this Act apply only to a defendant sentenced for an offense
10-22 committed on or after the effective date of this Act. For purposes
10-23 of this subsection, an offense was committed before the effective
10-24 date of this Act if any element of the offense occurred before the
10-25 effective date of this Act. A defendant sentenced for an offense
10-26 committed before the effective date of this Act is covered by the
10-27 law in effect when the offense was committed, and the former law is
11-1 continued in effect for that purpose.
11-2 (b) The changes in law made by Sections 5-13 of this Act
11-3 apply only to an offense committed on or after the effective date
11-4 of this Act. An offense committed before the effective date of
11-5 this Act is covered by the law in effect when the offense was
11-6 committed, and the former law is continued in effect for that
11-7 purpose. For purposes of this subsection, an offense was committed
11-8 before the effective date of this Act if any element of the offense
11-9 occurred before the effective date of this Act.
11-10 SECTION 16. This Act takes effect September 1, 1995.
11-11 SECTION 17. The importance of this legislation and the
11-12 crowded condition of the calendars in both houses create an
11-13 emergency and an imperative public necessity that the
11-14 constitutional rule requiring bills to be read on three several
11-15 days in each house be suspended, and this rule is hereby suspended.