|
|
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 |
|
|
Dwayne Freeto Act. |
|
|
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 |
|
|
Subsections (b-1), (b-2), and (b-3) 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, a |
|
|
firefighter, or emergency medical services personnel while in the |
|
|
actual discharge of an official duty. |
|
|
(b-2) 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 person described by Subsection (b-1). |
|
|
(b-3) For the purposes of Subsection (b-1): |
|
|
(1) "Emergency medical services personnel" has the |
|
|
meaning assigned by Section 773.003, Health and Safety Code. |
|
|
(2) "Firefighter" means: |
|
|
(A) 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 |
|
|
(B) a member of an organized volunteer |
|
|
fire-fighting unit that: |
|
|
(i) renders fire-fighting services without |
|
|
remuneration; and |
|
|
(ii) conducts a minimum of two drills each |
|
|
month, each at least two hours long. |
|
|
SECTION 5. The change in law made by this Act applies only |
|
|
to an offense committed on or after September 1, 2007. An offense |
|
|
committed before September 1, 2007, 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, 2007, if any element of the |
|
|
offense was committed before that date. |
|
|
SECTION 6. This Act takes effect September 1, 2007. |