79R5774 PEP-D


By:  Callegari, Bonnen, Pena                                      H.B. No. 27 

Substitute the following for H.B. No. 27:                                     

By:  Hodge                                                    C.S.H.B. No. 27 



A BILL TO BE ENTITLED

AN ACT

relating to the penalties for intoxication assault and intoxication 
manslaughter and to the sentencing of defendants convicted of those 
offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  This Act shall be known as the Darren Medlin and 
Justin Wollam Act.
	SECTION 2.  Section 3.03(b), Penal Code, is amended to read 
as follows:      
	(b)  If the accused is found guilty of more than one offense 
arising out of the same criminal episode, the sentences may run 
concurrently or consecutively if each sentence is for a conviction 
of:
		(1)  an offense:                                                              
			(A)  under Section 49.07 or 49.08, regardless of 
whether the accused is convicted of violation of the same section 
more than once or is convicted of violations of both sections; or
			(B)  for which a plea agreement was reached in a 
case in which the accused was charged with more than one offense 
listed in Paragraph (A), regardless of whether the accused is 
charged with violation of the same section more than once or is 
charged with violations of both sections [under Section 49.08]; or
		(2)  an offense:                                                              
			(A)  under Section 21.11, 22.011, 22.021, 25.02, 
or 43.25 committed against a victim younger than 17 years of age at 
the time of the commission of the offense regardless of whether the 
accused is convicted of violations of the same section more than 
once or is convicted of violations of more than one section; or
			(B)  for which a plea agreement was reached in a 
case in which the accused was charged with more than one offense 
listed in Paragraph (A) committed against a victim younger than 17 
years of age at the time of the commission of the offense regardless 
of whether the accused is charged with violations of the same 
section more than once or is charged with violations of more than 
one section.
	SECTION 3.  Section 49.07(c), Penal Code, is amended to read 
as follows:     
	(c)  Except as provided by Section 49.09, an [An] offense 
under this section is a felony of the third degree.
	SECTION 4.  Section 49.08(b), Penal Code, is amended to read 
as follows:     
	(b)  Except as provided by Section 49.09, an [An] offense 
under this section is a felony of the second degree.
	SECTION 5.  Section 49.09, Penal Code, is amended by adding 
Subsection (b-1) to read as follows:
	(b-1)  An offense under Section 49.07 is a felony of the 
second degree if it is shown on the trial of the offense that the 
person caused serious bodily injury to a peace officer or 
firefighter while the peace officer or firefighter was in the 
actual discharge of an official duty.  An offense under Section 
49.08 is a felony of the first degree if it is shown on the trial of 
the offense that the person caused the death of a peace officer or 
firefighter while the peace officer or firefighter was in the 
actual discharge of an official duty.  In this subsection, 
"firefighter" means:
		(1)  an individual employed by this state or by a 
political or legal subdivision of this state who is subject to 
certification by the Texas Commission on Fire Protection; or
		(2)  a member of an organized volunteer fire-fighting 
unit that:     
			(A)  renders fire-fighting services without 
remuneration; and       
			(B)  conducts a minimum of two drills each month, 
each at least two hours long.
	SECTION 6.  The change in law made by this Act applies only 
to an offense committed on or after September 1, 2005.  An offense 
committed before September 1, 2005, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For purposes of this section, an offense 
was committed before September 1, 2005, if any element of the 
offense was committed before that date.
	SECTION 7.  This Act takes effect September 1, 2005.