77R4339 JD-D
By Allen H.B. No. 314
Substitute the following for H.B. No. 314:
By Hinojosa C.S.H.B. No. 314
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enhanced penalties for certain intoxication
1-3 offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.09, Penal Code, is amended by amending
1-6 Subsections (e) and (f) and adding Subsections (g) and (h) to read
1-7 as follows:
1-8 (e) Except as provided by Subsections (f) and (g), a [A]
1-9 conviction may not be used for purposes of enhancement under this
1-10 section if:
1-11 (1) the conviction was a final conviction under
1-12 Subsection (d) and was for an offense committed more than 10 years
1-13 before the offense for which the person is being tried was
1-14 committed; and
1-15 (2) the person has not been convicted of an offense
1-16 under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any
1-17 offense related to operating a motor vehicle while intoxicated
1-18 committed within 10 years before the date on which the offense for
1-19 which the person is being tried was committed.
1-20 (f) A conviction may be used for the purposes of enhancement
1-21 under this section regardless of when the conviction occurred if
1-22 the conviction was for an offense under:
1-23 (1) Section 49.08 involving the operation of a motor
1-24 vehicle; or
2-1 (2) Section 19.05(a)(2), as that law existed before
2-2 September 1, 1994, involving the operation of a motor vehicle.
2-3 (g) If the offense for which the person is being tried is an
2-4 offense under Section 49.04, a conviction may be used for purposes
2-5 of enhancement under this section only if the conviction was a
2-6 final conviction under Subsection (d) and the offense for which the
2-7 person is being tried was committed within 10 years of the latest
2-8 of:
2-9 (1) the date on which the previous offense was
2-10 committed;
2-11 (2) the date on which the person was discharged from
2-12 any period of community supervision to which the person was placed
2-13 for the previous offense;
2-14 (3) the date on which the person successfully
2-15 completed any period of parole to which the person was released
2-16 after serving a portion of the term to which the person was
2-17 sentenced for the previous offense; or
2-18 (4) the date on which the person completed serving any
2-19 term to which the person was confined or imprisoned for the
2-20 previous offense.
2-21 (h) A conviction may be used for purposes of enhancement
2-22 under this section or enhancement under Subchapter D, Chapter 12,
2-23 but not under both this section and Subchapter D.
2-24 SECTION 2. This Act takes effect September 1, 2001.