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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalties for intoxication assault and intoxication |
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manslaughter and to the sentencing of defendants convicted of those |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Darren Medlin and |
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Dwayne Freeto Act. |
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SECTION 2. Section 49.07(c), Penal Code, is amended to read |
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as follows: |
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(c) Except as provided by Section 49.09, an [An] offense |
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under this section is a felony of the third degree. |
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SECTION 3. Section 49.08(b), Penal Code, is amended to read |
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as follows: |
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(b) Except as provided by Section 49.09, an [An] offense |
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under this section is a felony of the second degree. |
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SECTION 4. Section 49.09, Penal Code, is amended by adding |
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Subsection (b-1) to read as follows: |
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(b-1) An offense under Section 49.07 is a felony of the |
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second degree if it is shown on the trial of the offense that the |
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person caused serious bodily injury to a peace officer, firefighter |
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or emergency medical service personnel while the peace officer, |
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firefighter or emergency medical service personnel was in the |
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actual discharge of an official duty. An offense under Section |
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49.08 is a felony of the first degree if it is shown on the trial of |
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the offense that the person caused the death of a peace officer, |
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firefighter or emergency medical service personnel while the peace |
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officer, firefighter or emergency medical service personnel was in |
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the actual discharge of an official duty. In this subsection, |
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"firefighter" means: |
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(1) an individual employed by this state or by a |
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political or legal subdivision of this state who is subject to |
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certification by the Texas Commission on Fire Protection; or |
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(2) a member of an organized volunteer fire-fighting |
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unit that: |
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(A) renders fire-fighting services without |
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remuneration; and |
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(B) conducts a minimum of two drills each month, |
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each at least two hours long. |
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In this subsection, "emergency medical service personnel" has the |
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meaning assigned by Section 773.003 of the Health and Safety Code. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is covered by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before September 1, 2007, if any element of the |
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offense was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2007. |