By Allen H.B. No. 314
77R1702 JD-D
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. Sections 49.09(e) and (f), Penal Code, are amended
1-6 to read as follows:
1-7 (e) Except as provided by Subsections (f) and (g), a [A]
1-8 conviction may not be used for purposes of enhancement under this
1-9 section if:
1-10 (1) the conviction was a final conviction under
1-11 Subsection (d) and was for an offense committed more than 10 years
1-12 before the offense for which the person is being tried was
1-13 committed; and
1-14 (2) the person has not been convicted of an offense
1-15 under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any
1-16 offense related to operating a motor vehicle while intoxicated
1-17 committed within 10 years before the date on which the offense for
1-18 which the person is being tried was committed.
1-19 (f) A conviction may be used for the purposes of enhancement
1-20 under this section regardless of when the conviction occurred if
1-21 the conviction was for an offense under:
1-22 (1) Section 49.08 involving the operation of a motor
1-23 vehicle; or
1-24 (2) Section 19.05(a)(2), as that law existed before
2-1 September 1, 1994, involving the operation of a motor vehicle.
2-2 (g) If the offense for which the person is being tried is an
2-3 offense under Section 49.04, a conviction may not be used for
2-4 purposes of enhancement under this section if the conviction was a
2-5 final conviction under Subsection (d) and the offense for which the
2-6 person is being tried was committed more than 10 years before the
2-7 latest of:
2-8 (1) the date on which the previous offense was
2-9 committed;
2-10 (2) the date on which the person was discharged from
2-11 any period of community supervision to which the person was placed
2-12 for the previous offense;
2-13 (3) the date on which the person successfully
2-14 completed any period of parole to which the person was released
2-15 after serving a portion of the term to which the person was
2-16 sentenced for the previous offense; or
2-17 (4) the date on which the person completed serving any
2-18 term to which the person was confined or imprisoned for the
2-19 previous offense.
2-20 (h) A conviction may be used for purposes of enhancement
2-21 under this section or enhancement under Subchapter D, Chapter 12,
2-22 but not under both this section and Subchapter D.
2-23 SECTION 2. This Act takes effect September 1, 2001.