1-1     By:  Smith, et al. (Senate Sponsor - Moncrief)        H.B. No. 2250
 1-2           (In the Senate - Received from the House May 2, 2001;
 1-3     May 3, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 10, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain criminal consequences of certain previous
 1-9     intoxication convictions.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Sections 49.09(a) and (b), Penal Code, are amended
1-12     to read as follows:
1-13           (a)  Except as provided by Subsection (b), [If it is shown on
1-14     the trial of] an offense under Section 49.04, 49.05, 49.06, or
1-15     49.065 is a Class A misdemeanor, with a minimum term of confinement
1-16     of 30 days, if it is shown on the trial of the offense that the
1-17     person has previously been convicted one time of an offense
1-18     relating to the operating of a motor vehicle while intoxicated, an
1-19     offense of operating an aircraft while intoxicated, an offense of
1-20     operating a watercraft while intoxicated, or an offense of
1-21     operating or assembling an amusement ride while intoxicated[, the
1-22     offense is a Class A misdemeanor, with a minimum term of
1-23     confinement of 30 days].
1-24           (b)  An [If it is shown on the trial of an] offense under
1-25     Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third
1-26     degree if it is shown on the trial of the offense that the person
1-27     has previously been convicted:
1-28                 (1)  one time of an offense under Section 49.08 or an
1-29     offense under the laws of another state if the offense contains
1-30     elements that are substantially similar to the elements of an
1-31     offense under Section 49.08; or
1-32                 (2)  two times of any other [an] offense relating to
1-33     the operating of a motor vehicle while intoxicated, [an offense of]
1-34     operating an aircraft while intoxicated, [an offense of] operating
1-35     a watercraft while intoxicated, or [an offense of] operating or
1-36     assembling an amusement ride while intoxicated[, the offense is a
1-37     felony of the third degree].
1-38           SECTION 2.  Section 49.09, Penal Code, is amended by amending
1-39     Subsections (e) and (f) and adding Subsections (g) and (h)  to read
1-40     as follows:
1-41           (e)  Except as provided by Subsections (f) and (g), a [A]
1-42     conviction may not be used for purposes of enhancement under this
1-43     section if:
1-44                 (1)  the conviction was a final conviction under
1-45     Subsection (d) and was for an offense committed more than 10 years
1-46     before the offense for which the person is being tried was
1-47     committed; and
1-48                 (2)  the person has not been convicted of an offense
1-49     under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any
1-50     offense related to operating a motor vehicle while intoxicated
1-51     committed within 10 years before the date on which the offense for
1-52     which the person is being tried was committed.
1-53           (f)  A conviction may be used for the purposes of enhancement
1-54     under this section regardless of when the conviction occurred if
1-55     the conviction was for an offense under:
1-56                 (1)  Section 49.08 involving the operation of a motor
1-57     vehicle; or
1-58                 (2)  Section 19.05(a)(2), as that law existed before
1-59     September 1, 1994, involving the operation of a motor vehicle.
1-60           (g)  If the offense for which the person is being tried is an
1-61     offense under Section 49.04, 49.05, 49.06, or 49.065, a conviction
1-62     may be used for purposes of enhancement under this section only if
1-63     the conviction was a final conviction under Subsection (d) and the
1-64     offense for which the person is being tried was committed within 10
 2-1     years of the latest of:
 2-2                 (1)  the date on which the previous offense was
 2-3     committed;
 2-4                 (2)  the date on which the person was discharged from
 2-5     any period of community supervision to which the person was placed
 2-6     for the previous offense;
 2-7                 (3)  the date on which the person successfully
 2-8     completed any period of parole to which the person was released
 2-9     after serving a portion of the term to which the person was
2-10     sentenced for the previous offense; or
2-11                 (4)  the date on which the person completed serving any
2-12     term to which the person was confined or imprisoned for the
2-13     previous offense.
2-14           (h)  A conviction may be used for purposes of enhancement
2-15     under this section or enhancement under Subchapter D, Chapter 12,
2-16     but not under both this section and Subchapter D.
2-17           SECTION 3. The change in law made by this Act applies only to
2-18     an offense committed on or after the effective date of this Act.
2-19     An offense committed before the effective date of this Act is
2-20     covered by the law in effect when the offense was committed, and
2-21     the former law is continued in effect for that purpose.  For
2-22     purposes of this section, an offense was committed before the
2-23     effective date of this Act if any element of the offense occurred
2-24     before that date.
2-25           SECTION 4. This Act takes effect September 1, 2001.
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