By Smith, Homer, Hill, Dunnam, Kitchen, H.B. No. 2250
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain criminal consequences of certain previous
1-3 intoxication convictions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 49.09(a) and (b), Penal Code, are amended
1-6 to read as follows:
1-7 (a) Except as provided by Subsection (b), [If it is shown on
1-8 the trial of] an offense under Section 49.04, 49.05, 49.06, or
1-9 49.065 is a Class A misdemeanor, with a minimum term of confinement
1-10 of 30 days, if it is shown on the trial of the offense that the
1-11 person has previously been convicted one time of an offense
1-12 relating to the operating of a motor vehicle while intoxicated, an
1-13 offense of operating an aircraft while intoxicated, an offense of
1-14 operating a watercraft while intoxicated, or an offense of
1-15 operating or assembling an amusement ride while intoxicated[, the
1-16 offense is a Class A misdemeanor, with a minimum term of
1-17 confinement of 30 days].
1-18 (b) An [If it is shown on the trial of an] offense under
1-19 Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third
1-20 degree if it is shown on the trial of the offense that the person
1-21 has previously been convicted:
1-22 (1) one time of an offense under Section 49.08 or an
1-23 offense under the laws of another state if the offense contains
1-24 elements that are substantially similar to the elements of an
1-25 offense under Section 49.08; or
2-1 (2) two times of any other [an] offense relating to
2-2 the operating of a motor vehicle while intoxicated, [an offense of]
2-3 operating an aircraft while intoxicated, [an offense of] operating
2-4 a watercraft while intoxicated, or [an offense of] operating or
2-5 assembling an amusement ride while intoxicated[, the offense is a
2-6 felony of the third degree].
2-7 SECTION 2. Section 49.09, Penal Code, is amended by amending
2-8 Subsections (e) and (f) and adding Subsections (g) and (h) to read
2-9 as follows:
2-10 (e) Except as provided by Subsections (f) and (g), a [A]
2-11 conviction may not be used for purposes of enhancement under this
2-12 section if:
2-13 (1) the conviction was a final conviction under
2-14 Subsection (d) and was for an offense committed more than 10 years
2-15 before the offense for which the person is being tried was
2-16 committed; and
2-17 (2) the person has not been convicted of an offense
2-18 under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any
2-19 offense related to operating a motor vehicle while intoxicated
2-20 committed within 10 years before the date on which the offense for
2-21 which the person is being tried was committed.
2-22 (f) A conviction may be used for the purposes of enhancement
2-23 under this section regardless of when the conviction occurred if
2-24 the conviction was for an offense under:
2-25 (1) Section 49.08 involving the operation of a motor
2-26 vehicle; or
2-27 (2) Section 19.05(a)(2), as that law existed before
3-1 September 1, 1994, involving the operation of a motor vehicle.
3-2 (g) If the offense for which the person is being tried is an
3-3 offense under Section 49.04, 49.05, 49.06, or 49.065, a conviction
3-4 may be used for purposes of enhancement under this section only if
3-5 the conviction was a final conviction under Subsection (d) and the
3-6 offense for which the person is being tried was committed within 10
3-7 years of the latest of:
3-8 (1) the date on which the previous offense was
3-9 committed;
3-10 (2) the date on which the person was discharged from
3-11 any period of community supervision to which the person was placed
3-12 for the previous offense;
3-13 (3) the date on which the person successfully
3-14 completed any period of parole to which the person was released
3-15 after serving a portion of the term to which the person was
3-16 sentenced for the previous offense; or
3-17 (4) the date on which the person completed serving any
3-18 term to which the person was confined or imprisoned for the
3-19 previous offense.
3-20 (h) A conviction may be used for purposes of enhancement
3-21 under this section or enhancement under Subchapter D, Chapter 12,
3-22 but not under both this section and Subchapter D.
3-23 SECTION 3. The change in law made by this Act applies only to
3-24 an offense committed on or after the effective date of this Act.
3-25 An offense committed before the effective date of this Act is
3-26 covered by the law in effect when the offense was committed, and
3-27 the former law is continued in effect for that purpose. For
4-1 purposes of this section, an offense was committed before the
4-2 effective date of this Act if any element of the offense occurred
4-3 before that date.
4-4 SECTION 4. This Act takes effect September 1, 2001.