By Shapiro S.B. No. 853
74R5166 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for an offense involving the operation of a
1-3 motor vehicle while intoxicated and while a child is present.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.09, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 49.09. Enhanced Offenses and Penalties. (a) If it is
1-8 shown on the trial of an offense under Section 49.04, 49.05, or
1-9 49.06 that at the time of the offense a person younger than 17
1-10 years of age was present in the motor vehicle, aircraft, or
1-11 watercraft, the offense is a Class A misdemeanor, except that the
1-12 court shall impose a minimum term of confinement that is not less
1-13 than 15 days.
1-14 (b) Except as provided by Subsection (c), if <If> it is
1-15 shown on the trial of an offense under Section 49.04, 49.05, or
1-16 49.06 that the person has previously been convicted one time of an
1-17 offense relating to the driving or operating of a motor vehicle
1-18 while intoxicated, an offense of operating an aircraft while
1-19 intoxicated, or an offense of operating a watercraft while
1-20 intoxicated, the offense is a Class A misdemeanor, except that the
1-21 court shall impose <with> a minimum term of confinement that is not
1-22 less than <of> 15 days.
1-23 (c) If it is shown on the trial of an offense under Section
1-24 49.04, 49.05, or 49.06 that the person has previously been
2-1 convicted one time of an offense relating to the driving or
2-2 operating of a motor vehicle while intoxicated, an offense of
2-3 operating an aircraft while intoxicated, or an offense of operating
2-4 a watercraft while intoxicated, and that at the time of the offense
2-5 a person younger than 17 years of age was present in the motor
2-6 vehicle, aircraft, or watercraft, the offense is a state jail
2-7 felony.
2-8 (d) Except as provided by Subsection (e), if <(b) If> it is
2-9 shown on the trial of an offense under Section 49.04, 49.05, or
2-10 49.06 that the person has previously been convicted two times of an
2-11 offense relating to the driving or operating of a motor vehicle
2-12 while intoxicated, an offense of operating an aircraft while
2-13 intoxicated, or an offense of operating a watercraft while
2-14 intoxicated, the offense is a felony of the third degree.
2-15 (e) If it is shown on the trial of an offense under Section
2-16 49.04, 49.05, or 49.06 that the person has previously been
2-17 convicted two times of an offense relating to the driving or
2-18 operating of a motor vehicle while intoxicated, an offense of
2-19 operating an aircraft while intoxicated, or an offense of operating
2-20 a watercraft while intoxicated, and that at the time of the offense
2-21 a person younger than 17 years of age was present in the motor
2-22 vehicle, aircraft, or watercraft, the offense is a felony of the
2-23 second degree.
2-24 (f) <(c)> For the purposes of this section:
2-25 (1) "Offense relating to the driving or operating of a
2-26 motor vehicle while intoxicated" means:
2-27 (A) an offense under Section 49.04;
3-1 (B) an offense under Article 6701l-1, Revised
3-2 Statutes, as that law existed before September 1, 1994;
3-3 (C) an offense under Article 6701l-2, Revised
3-4 Statutes, as that law existed before January 1, 1984; or
3-5 (D) an offense under the laws of another state
3-6 that prohibit the operation of a motor vehicle while intoxicated.
3-7 (2) "Offense of operating an aircraft while
3-8 intoxicated" means:
3-9 (A) an offense under Section 49.05;
3-10 (B) an offense under Section 1, Chapter 46, Acts
3-11 of the 58th Legislature, Regular Session, 1963 (Article 46f-3,
3-12 Vernon's Texas Civil Statutes), as that law existed before
3-13 September 1, 1994; or
3-14 (C) an offense under the laws of another state
3-15 that prohibit the operation of an aircraft while intoxicated.
3-16 (3) "Offense of operating a watercraft while
3-17 intoxicated" means:
3-18 (A) an offense under Section 49.06;
3-19 (B) an offense under Section 31.097, Parks and
3-20 Wildlife Code, as that law existed before September 1, 1994; or
3-21 (C) an offense under the laws of another state
3-22 that prohibit the operation of a watercraft while intoxicated.
3-23 (g) <(d)> For the purposes of this section, a conviction for
3-24 an offense under Section 49.04, 49.05, or 49.06 that occurs on or
3-25 after September 1, 1994, is a final conviction, whether the
3-26 sentence for the conviction is imposed or probated.
3-27 (h) <(e)> A conviction may not be used for purposes of
4-1 enhancement under this section if:
4-2 (1) the conviction was a final conviction under
4-3 Subsection (e) and was for an offense committed more than 10 years
4-4 before the offense for which the person is being tried was
4-5 committed; and
4-6 (2) the person has not been convicted of an offense
4-7 under Section 49.04, 49.05, or 49.06 or any offense related to
4-8 driving or operating a motor vehicle while intoxicated committed
4-9 within 10 years before the date on which the offense for which the
4-10 person is being tried was committed.
4-11 SECTION 2. (a) This Act takes effect September 1, 1995.
4-12 (b) The change in law made by this Act applies only to an
4-13 offense committed on or after that date. An offense committed
4-14 before the effective date of this Act is covered by the law in
4-15 effect when the offense was committed, and the former law is
4-16 continued in effect for that purpose. For purposes of this
4-17 section, an offense was committed before the effective date of this
4-18 Act if any element of the offense occurred before that date.
4-19 SECTION 3. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.