79R759 PEP-D
By: Callegari 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. 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 2. 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 3. 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 4. 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 public servant while the
public servant 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 public servant while the public servant was in the actual
discharge of an official duty.
SECTION 5. (a) The change in law made by this Act applies
only to an offense committed on or after September 1, 2005.
(b) 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 6. This Act takes effect September 1, 2005.