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A BILL TO BE ENTITLED
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AN ACT
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relating to a defendant's eligibility to be placed on deferred |
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adjudication for certain intoxication offenses and to the |
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consequences of that deferred adjudication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) In all other cases the judge may grant deferred |
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adjudication unless: |
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(1) the defendant is charged with an offense: |
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(A) under Section [49.04, 49.05, 49.06,] |
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49.07[,] or 49.08, Penal Code, or for which punishment may be |
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increased under Section 49.09 of that code; or |
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(B) for which punishment may be increased under |
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Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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is shown that the defendant has been previously convicted of an |
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offense for which punishment was increased under any one of those |
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subsections; or |
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(2) the defendant: |
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(A) is charged with an offense under Section |
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21.11, 22.011, or 22.021, Penal Code, regardless of the age of the |
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victim, or a felony described by Section 13B(b) of this article; |
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and |
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(B) has previously been placed on community |
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supervision for any offense under Paragraph (A) of this |
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subdivision. |
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SECTION 2. Section 411.081(e), Government Code, is amended |
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to read as follows: |
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(e) A person is entitled to petition the court under |
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Subsection (d) only if during the applicable period described by |
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Subsection (d)(1), (2), or (3), as appropriate, the person is not |
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convicted of or placed on deferred adjudication community |
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supervision under Section 5, Article 42.12, Code of Criminal |
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Procedure, for any offense other than an offense under the |
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Transportation Code punishable by fine only. A person is not |
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entitled to petition the court under Subsection (d) if the person |
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has been previously convicted or placed on deferred adjudication |
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for: |
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(1) an offense requiring registration as a sex |
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offender under Chapter 62, Code of Criminal Procedure; |
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(2) an offense under Section 20.04, Penal Code, |
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regardless of whether the offense is a reportable conviction or |
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adjudication for purposes of Chapter 62, Code of Criminal |
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Procedure; |
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(3) an offense under Section 19.02, 19.03, 22.04, |
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22.041, 25.07, or 42.072, Penal Code; [or] |
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(4) any other offense involving family violence, as |
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defined by Section 71.004, Family Code; or |
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(5) an offense under Chapter 49, Penal Code, other |
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than an offense that is punishable as a Class C misdemeanor. |
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SECTION 3. Sections 49.09(a), (b), (d), and (g), Penal |
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Code, are amended to read as follows: |
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(a) Except as provided by Subsection (b), an offense under |
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Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, |
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with a minimum term of confinement of 30 days, if it is shown on the |
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trial of the offense that the person has been one time previously |
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[been] convicted of or placed on deferred adjudication for [one
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time of] an offense relating to the operating of a motor vehicle |
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while intoxicated, an offense of operating an aircraft while |
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intoxicated, an offense of operating a watercraft while |
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intoxicated, or an offense of operating or assembling an amusement |
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ride while intoxicated. |
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(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or |
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49.065 is a felony of the third degree if it is shown on the trial of |
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the offense that the person has been [previously been convicted]: |
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(1) one time previously convicted of or placed on |
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deferred adjudication for an offense under Section 49.08 or an |
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offense under the laws of another state if the offense contains |
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elements that are substantially similar to the elements of an |
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offense under Section 49.08; or |
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(2) two times previously convicted of or placed on |
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deferred adjudication for any other offense relating to the |
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operating of a motor vehicle while intoxicated, operating an |
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aircraft while intoxicated, operating a watercraft while |
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intoxicated, or operating or assembling an amusement ride while |
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intoxicated. |
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(d) For the purposes of this section, a conviction for an |
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offense listed in Subsection (c) [under Section 49.04, 49.045,
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49.05, 49.06, 49.065, 49.07, or 49.08] that occurs on or after |
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September 1, 1994, is a final conviction, whether the sentence for |
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the conviction is imposed or probated. |
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(g) A conviction or deferred adjudication may be used for |
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purposes of enhancement under this section or enhancement under |
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Subchapter D, Chapter 12, but not under both this section and |
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Subchapter D. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2007. |