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
2-1 offense under Section 49.08; or
2-2 (2) two times of any other [an] offense relating to
2-3 the operating of a motor vehicle while intoxicated, [an offense of]
2-4 operating an aircraft while intoxicated, [an offense of] operating
2-5 a watercraft while intoxicated, or [an offense of] operating or
2-6 assembling an amusement ride while intoxicated[, the offense is a
2-7 felony of the third degree].
2-8 SECTION 2. Sections 49.09(e) and (f), Penal Code, are
2-9 amended to read as follows:
2-10 (e) Except as provided by Subsection (f), a [A] conviction
2-11 may not be used for purposes of enhancement under this section if:
2-12 (1) the conviction was a final conviction under
2-13 Subsection (d);
2-14 (2) the offense for which the person is being tried
2-15 was committed more than 10 years after the latest of:
2-16 (A) the date on which the judgment was entered
2-17 for the previous conviction;
2-18 (B) the date on which the person was discharged
2-19 from any period of community supervision on which the person was
2-20 placed for the previous conviction;
2-21 (C) the date on which the person successfully
2-22 completed any period of parole on which the person was released
2-23 after serving a portion of the term to which the person was
2-24 sentenced for the previous conviction; or
2-25 (D) the date on which the person completed
2-26 serving any term for which the person was confined or imprisoned
2-27 for the previous conviction [and was for an offense committed more
3-1 than 10 years before the offense for which the person is being
3-2 tried was committed]; and
3-3 (3) [(2)] the person has not been convicted of an
3-4 offense under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08
3-5 or any offense related to operating a motor vehicle while
3-6 intoxicated [committed] within 10 years of [before] the latest date
3-7 under Subdivision (2) [on which the offense for which the person is
3-8 being tried was committed].
3-9 (f) A conviction may be used for the purposes of enhancement
3-10 under this section regardless of when the conviction occurred if
3-11 the conviction was for an offense under:
3-12 (1) Section 49.08 involving the operation of a motor
3-13 vehicle; or
3-14 (2) Section 19.05(a)(2), as that law existed before
3-15 September 1, 1994, involving the operation of a motor vehicle.
3-16 (g) A conviction may be used for purposes of enhancement
3-17 under this section or enhancement under Subchapter D, Chapter 12,
3-18 but not under both this section and Subchapter D.
3-19 SECTION 3. The change in law made by this Act applies only
3-20 to the enhancement of punishment at the trial of an offense
3-21 committed on or after the effective date of this Act. The
3-22 enhancement of punishment at the trial of an offense committed
3-23 before the effective date of this Act is covered by the law in
3-24 effect when the offense was committed, and the former law is
3-25 continued in effect for that purpose. For purposes of this
3-26 section, an offense was committed before the effective date of this
3-27 Act if any element of the offense occurred before that date.
4-1 SECTION 4. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2250 was passed by the House on May
1, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2250 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2250 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor