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.
2-26 * * * * *