Amend HB 2250 by adding a new section to the bill,
appropriately numbered, to read as follows, and renumbering
subsequent sections accordingly:
SECTION __. Section 49.09, Penal Code, is amended by amending
Subsections (e) and (f) and adding Subsections (g) and (h) to read
as follows:
(e) Except as provided by Subsections (f) and (g), a <A>
conviction may not be used for purposes of enhancement under this
section if:
(1) the conviction was a final conviction under
Subsection (d) and was for an offense committed more than 10 years
before the offense for which the person is being tried was
committed; and
(2) the person has not been convicted of an offense
under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any
offense related to operating a motor vehicle while intoxicated
committed within 10 years before the date on which the offense for
which the person is being tried was committed.
(f) A conviction may be used for the purposes of enhancement
under this section regardless of when the conviction occurred if
the conviction was for an offense under:
(1) Section 49.08 involving the operation of a motor
vehicle; or
(2) Section 19.05(a)(2), as that law existed before
September 1, 1994, involving the operation of a motor vehicle.
(g) If the offense for which the person is being tried is an
offense under Section 49.04, 49.05, 49.06, or 49.065, a conviction
may be used for purposes of enhancement under this section only if
the conviction was a final conviction under Subsection (d) and the
offense for which the person is being tried was committed within 10
years of the latest of:
(1) the date on which the previous offense was
committed;
(2) the date on which the person was discharged from
any period of community supervision to which the person was placed
for the previous offense;
(3) the date on which the person successfully completed
any period of parole to which the person was released after serving
a portion of the term to which the person was sentenced for the
previous offense; or
(4) the date on which the person completed serving any
term to which the person was confined or imprisoned for the
previous offense.
(h) A conviction may be used for purposes of enhancement
under this section or enhancement under Subchapter D, Chapter 12,
but not under both this section and Subchapter D.