|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the civil and criminal consequences of driving while |
|
intoxicated with a child passenger. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 106.041(g), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(g) An offense under this section is not a lesser included |
|
offense under Section 49.04 or 49.045, Penal Code. |
|
SECTION 2. Section 104.0035(c), Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
(c) This section does not apply to a person who is |
|
criminally prosecuted for: |
|
(1) operating a motor vehicle while intoxicated under |
|
Section 49.04, Penal Code; |
|
(2) operating a motor vehicle while intoxicated with a |
|
child passenger under Section 49.045, Penal Code; |
|
(3) [for] intoxication assault committed while |
|
operating a motor vehicle under Section 49.07, Penal Code;[,] or |
|
(4) [for] intoxication manslaughter under Section |
|
49.08, Penal Code. |
|
SECTION 3. Article 2.122(c), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(c) A customs inspector of the United States Customs Service |
|
or a border patrolman or immigration officer of the United States |
|
Department of Justice is not a peace officer under the laws of this |
|
state but, on the premises of a port facility designated by the |
|
commissioner of the United States Immigration and Naturalization |
|
Service as a port of entry for arrival in the United States by land |
|
transportation from the United Mexican States into the State of |
|
Texas or at a permanent established border patrol traffic check |
|
point, has the authority to detain a person pending transfer |
|
without unnecessary delay to a peace officer if the inspector, |
|
patrolman, or officer has probable cause to believe that the person |
|
has engaged in conduct that is a violation of Section 49.02, 49.04, |
|
49.045, 49.07, or 49.08, Penal Code, regardless of whether the |
|
violation may be disposed of in a criminal proceeding or a juvenile |
|
justice proceeding. |
|
SECTION 4. Section 5(d), Article 42.12, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(d) In all other cases the judge may grant deferred |
|
adjudication unless: |
|
(1) the defendant is charged with an offense: |
|
(A) under Section 49.04, 49.045, 49.05, 49.06, |
|
49.07, or 49.08, Penal Code; or |
|
(B) for which punishment may be increased under |
|
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
|
is shown that the defendant has been previously convicted of an |
|
offense for which punishment was increased under any one of those |
|
subsections; or |
|
(2) the defendant: |
|
(A) is charged with an offense under Section |
|
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the |
|
victim, or a felony described by Section 13B(b) of this article; and |
|
(B) has previously been placed on community |
|
supervision for any offense under Paragraph (A) of this |
|
subdivision. |
|
SECTION 5. Section 9(h), Article 42.12, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(h) On a determination by the judge that alcohol or drug |
|
abuse may have contributed to the commission of the offense, or in |
|
any case involving a second or subsequent offense under Section |
|
49.04 or 49.045, Penal Code, committed within five years of the date |
|
on which the most recent preceding offense was committed, or a |
|
second or subsequent offense under Section 49.07 or 49.08 of that |
|
code that involves the operation of a motor vehicle, committed |
|
within five years of the date on which the most recent preceding |
|
offense was committed, the judge shall direct a supervision officer |
|
approved by the community supervision and corrections department or |
|
the judge or a person, program, or other agency approved by the |
|
Texas Commission on Alcohol and Drug Abuse, to conduct an |
|
evaluation to determine the appropriateness of, and a course of |
|
conduct necessary for, alcohol or drug rehabilitation for a |
|
defendant and to report that evaluation to the judge. The |
|
evaluation shall be made: |
|
(1) after arrest and before conviction, if requested |
|
by the defendant; |
|
(2) after conviction and before sentencing, if the |
|
judge assesses punishment in the case; |
|
(3) after sentencing and before the entry of a final |
|
judgment, if the jury assesses punishment in the case; or |
|
(4) after community supervision is granted, if the |
|
evaluation is required as a condition of community supervision |
|
under Section 13 of this article. |
|
SECTION 6. Section 13(m), Article 42.12, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(m) If a judge revokes the community supervision of a |
|
defendant for an offense under Section 49.04 or 49.045, Penal Code, |
|
or an offense involving the operation of a motor vehicle while |
|
intoxicated under Section 49.07, Penal Code, and the driver's |
|
license or privilege to operate a motor vehicle has not previously |
|
been ordered by the judge to be suspended, or if the suspension was |
|
previously probated, the judge shall suspend the license or |
|
privilege for a period provided under Subchapter O, Chapter 521, |
|
Transportation Code. The suspension shall be reported to the |
|
Department of Public Safety as provided under Section 521.347, |
|
Transportation Code. |
|
SECTION 7. Section (a)(4), Article 56.32, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(4) "Criminally injurious conduct" means conduct |
|
that: |
|
(A) occurs or is attempted; |
|
(B) poses a substantial threat of personal injury |
|
or death; |
|
(C) is punishable by fine, imprisonment, or |
|
death, or would be punishable by fine, imprisonment, or death if the |
|
person engaging in the conduct possessed capacity to commit the |
|
conduct; and |
|
(D) does not arise out of the ownership, |
|
maintenance, or use of a motor vehicle, aircraft, or water vehicle, |
|
unless the conduct is intended to cause personal injury or death or |
|
the conduct is in violation of Section 550.021, Transportation |
|
Code, or one or more of the following sections of the Penal Code: |
|
(i) Section 19.04 (manslaughter); |
|
(ii) Section 19.05 (criminally negligent |
|
homicide); |
|
(iii) Section 22.02 (aggravated assault); |
|
(iv) Section 49.04 (driving while |
|
intoxicated); |
|
(v) Section 49.045 (driving while |
|
intoxicated with child passenger); |
|
(vi) Section 49.05 (flying while |
|
intoxicated); |
|
(vii) [(vi)] Section 49.06 (boating while |
|
intoxicated); |
|
(viii) [(vii)] Section 49.07 (intoxication |
|
assault); or |
|
(ix) [(viii)] Section 49.08 (intoxication |
|
manslaughter). |
|
SECTION 8. Articles 102.018(a) and (b), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(a) Except as provided by Subsection (d) of this article, on |
|
conviction of an offense relating to the driving or operating of a |
|
motor vehicle while intoxicated under Section 49.04 or 49.045, |
|
Penal Code, the court shall impose a cost of $15 on a defendant if, |
|
subsequent to the arrest of the defendant, a law enforcement agency |
|
visually recorded the defendant with an electronic device. Costs |
|
imposed under this subsection are in addition to other court costs |
|
and are due regardless of whether [or not] the defendant is granted |
|
community supervision [probation] in the case. The court shall |
|
collect the costs in the same manner as other costs are collected in |
|
the case. |
|
(b) Except as provided by Subsection (d) of this article, on |
|
conviction of an offense relating to the driving or operating of a |
|
motor vehicle while intoxicated [punishable] under Section 49.04 or |
|
49.045 [49.04(b)], Penal Code, the court shall impose as a cost of |
|
court on the defendant an amount that is equal to the cost of an |
|
evaluation of the defendant performed under Section 13(a), Article |
|
42.12, of this code. Costs imposed under this subsection are in |
|
addition to other court costs and are due regardless of whether [or
|
|
not] the defendant is granted community supervision [probation] in |
|
the case, except that if the court determines that the defendant is |
|
indigent and unable to pay the cost, the court may waive the |
|
imposition of the cost. |
|
SECTION 9. Section 51.03(a), Family Code, is amended to |
|
read as follows: |
|
(a) Delinquent conduct is: |
|
(1) conduct, other than a traffic offense, that |
|
violates a penal law of this state or of the United States |
|
punishable by imprisonment or by confinement in jail; |
|
(2) conduct that violates a lawful order of a court |
|
under circumstances that would constitute contempt of that court |
|
in: |
|
(A) a justice or municipal court; or |
|
(B) a county court for conduct punishable only by |
|
a fine; |
|
(3) conduct that violates Section 49.04, 49.045, |
|
49.05, 49.06, 49.07, or 49.08, Penal Code; or |
|
(4) conduct that violates Section 106.041, Alcoholic |
|
Beverage Code, relating to driving under the influence of alcohol |
|
by a minor (third or subsequent offense). |
|
SECTION 10. Section 53.03(g), Family Code, is amended to |
|
read as follows: |
|
(g) Prosecution may not be deferred for a child alleged to |
|
have engaged in conduct that: |
|
(1) is an offense under Section 49.04, 49.045, 49.05, |
|
49.06, 49.07, or 49.08, Penal Code; or |
|
(2) is a third or subsequent offense under Section |
|
106.04 or 106.041, Alcoholic Beverage Code. |
|
SECTION 11. Section 54.042(h), Family Code, is amended to |
|
read as follows: |
|
(h) If a child is adjudicated for conduct that violates |
|
Section 49.04, 49.045, 49.07, or 49.08, Penal Code, and if any |
|
conduct on which that adjudication is based is a ground for a |
|
driver's license suspension under Chapter 524 or 724, |
|
Transportation Code, each of the suspensions shall be imposed. The |
|
court imposing a driver's license suspension under this section |
|
shall credit a period of suspension imposed under Chapter 524 or |
|
724, Transportation Code, toward the period of suspension required |
|
under this section, except that if the child was previously |
|
adjudicated for conduct that violates Section 49.04, 49.045, 49.07, |
|
or 49.08, Penal Code, credit may not be given. |
|
SECTION 12. Section 464.035, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 464.035. PAYMENT OF CONTRACT AMOUNTS. To pay for |
|
services provided under a contract with an alcoholism program or |
|
center, the commissioners court by order may dedicate for payment |
|
to the program or center a percentage of the money received by the |
|
county as fines for alcohol-related offenses committed while |
|
operating a motor vehicle while intoxicated under Sections 49.04, |
|
49.045, and 49.07, Penal Code. |
|
SECTION 13. Section 1, Article 5.03-1, Insurance Code, is |
|
amended to read as follows: |
|
Sec. 1. A premium surcharge in an amount to be prescribed by |
|
the State Board of Insurance shall be assessed by an insurer defined |
|
in Article 5.01, Texas Insurance Code, against an insured for no |
|
more than three years immediately following the date of conviction |
|
of the insured of an offense committed while operating a motor |
|
vehicle under Section 49.04, 49.045, or 49.07, Penal Code, or an |
|
offense under Section 49.08, Penal Code. The premium surcharge |
|
shall be applied only to private passenger automobile policies as |
|
defined by the State Board of Insurance. |
|
SECTION 14. Section 49.02(d), Penal Code, is amended to |
|
read as follows: |
|
(d) An offense under this section is not a lesser included |
|
offense under Section 49.04 or 49.045. |
|
SECTION 15. Section 49.09(b), Penal Code, is amended to |
|
read as follows: |
|
(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or |
|
49.065 is a felony of the third degree if it is shown on the trial of |
|
the offense that the person has previously been convicted: |
|
(1) one time of an offense under Section 49.08 or an |
|
offense under the laws of another state if the offense contains |
|
elements that are substantially similar to the elements of an |
|
offense under Section 49.08; or |
|
(2) two times of any other offense relating to the |
|
operating of a motor vehicle while intoxicated, operating an |
|
aircraft while intoxicated, operating a watercraft while |
|
intoxicated, or operating or assembling an amusement ride while |
|
intoxicated. |
|
SECTION 16. Section 521.202(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Unless the period of suspension that would have applied |
|
if the person held a license at the time of the conviction has |
|
expired, the department may not issue a license to a person |
|
convicted of an offense: |
|
(1) described by Section 49.04, 49.045, 49.07, or |
|
49.08, Penal Code; or |
|
(2) to which Section 521.342(a) applies. |
|
SECTION 17. Section 521.242(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person whose license has been suspended for a cause |
|
other than a physical or mental disability or impairment or a |
|
conviction under Section 49.04 or 49.045, Penal Code, may apply for |
|
an occupational license by filing a verified petition with the |
|
clerk of the county court or district court with jurisdiction in the |
|
county in which: |
|
(1) the person resides; or |
|
(2) the offense occurred for which the license was |
|
suspended. |
|
SECTION 18. Section 521.243(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The clerk of the court shall send by certified mail to |
|
the attorney representing the state a copy of the petition and |
|
notice of the hearing if the petitioner's license was suspended |
|
following a conviction for: |
|
(1) an offense under Section 19.05, 49.04, 49.045, |
|
49.07, or 49.08, Penal Code; or |
|
(2) an offense to which Section 521.342 applies. |
|
SECTION 19. Sections 521.246(a), (b), and (f), |
|
Transportation Code, are amended to read as follows: |
|
(a) If the person's license has been suspended after a |
|
conviction under Section 49.04, 49.045, 49.07, or 49.08, Penal |
|
Code, the judge, before signing an order, shall determine from the |
|
criminal history record information maintained by the department |
|
whether the person has any previous conviction under those laws. |
|
(b) As part of the order the judge may restrict the person to |
|
the operation of a motor vehicle equipped with an ignition |
|
interlock device if the judge determines that the person's license |
|
has been suspended following a conviction under Section 49.04, |
|
49.045, 49.07, or 49.08, Penal Code. As part of the order, the |
|
judge shall restrict the person to the operation of a motor vehicle |
|
equipped with an ignition interlock device if the judge determines |
|
that: |
|
(1) the person has two or more convictions under any |
|
combination of Section 49.04, 49.045, 49.07, or 49.08, Penal Code; |
|
or |
|
(2) the person's license has been suspended after a |
|
conviction under Section 49.04 or 49.045, Penal Code, for which the |
|
person has been punished under Section 49.09, Penal Code. |
|
(f) A previous conviction may not be used for purposes of |
|
restricting a person to the operation of a motor vehicle equipped |
|
with an interlock ignition device under this section if: |
|
(1) the previous conviction was a final conviction |
|
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, and was |
|
for an offense committed more than 10 years before the instant |
|
offense for which the person was convicted; and |
|
(2) the person has not been convicted of an offense |
|
under Section 49.04, 49.045, 49.07, or 49.08 of that code committed |
|
within 10 years before the date on which the instant offense for |
|
which the person was convicted. |
|
SECTION 20. Sections 521.251(c) and (d), Transportation |
|
Code, are amended to read as follows: |
|
(c) If the person's driver's license has been suspended as a |
|
result of a conviction under Section 49.04, 49.045, 49.07, or |
|
49.08, Penal Code, during the five years preceding the date of the |
|
person's arrest, the order may not take effect before the 181st day |
|
after the effective date of the suspension. |
|
(d) Notwithstanding any other provision in this section, if |
|
the person's driver's license has been suspended as a result of a |
|
second or subsequent conviction under Section 49.04, 49.045, 49.07, |
|
or 49.08, Penal Code, committed within five years of the date on |
|
which the most recent preceding offense was committed, an order |
|
granting the person an occupational license may not take effect |
|
before the first anniversary of the effective date of the |
|
suspension. |
|
SECTION 21. Section 521.341, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE |
|
SUSPENSION. Except as provided by Sections 521.344(d)-(i), a |
|
license is automatically suspended on final conviction of the |
|
license holder of: |
|
(1) an offense under Section 19.05, Penal Code, |
|
committed as a result of the holder's criminally negligent |
|
operation of a motor vehicle; |
|
(2) an offense under Section 38.04, Penal Code, if the |
|
holder used a motor vehicle in the commission of the offense; |
|
(3) an offense under Section 49.04, 49.045, or 49.08, |
|
Penal Code; |
|
(4) an offense under Section 49.07, Penal Code, if the |
|
holder used a motor vehicle in the commission of the offense; |
|
(5) an offense punishable as a felony under the motor |
|
vehicle laws of this state; |
|
(6) an offense under Section 550.021; or |
|
(7) an offense under Section 521.451 or 521.453. |
|
SECTION 22. Sections 521.342(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) Except as provided by Section 521.344, the license of a |
|
person who was under 21 years of age at the time of the offense, |
|
other than an offense classified as a misdemeanor punishable by |
|
fine only, is automatically suspended on conviction of: |
|
(1) an offense under Section 49.04, 49.045, or 49.07, |
|
Penal Code, committed as a result of the introduction of alcohol |
|
into the body; |
|
(2) an offense under the Alcoholic Beverage Code, |
|
other than an offense to which Section 106.071 of that code applies, |
|
involving the manufacture, delivery, possession, transportation, |
|
or use of an alcoholic beverage; |
|
(3) a misdemeanor offense under Chapter 481, Health |
|
and Safety Code, for which Subchapter P does not require the |
|
automatic suspension of the license; |
|
(4) an offense under Chapter 483, Health and Safety |
|
Code, involving the manufacture, delivery, possession, |
|
transportation, or use of a dangerous drug; or |
|
(5) an offense under Chapter 485, Health and Safety |
|
Code, involving the manufacture, delivery, possession, |
|
transportation, or use of an abusable volatile chemical. |
|
(b) The department shall suspend for one year the license of |
|
a person who is under 21 years of age and is convicted of an offense |
|
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, |
|
regardless of whether the person is required to attend an |
|
educational program under Section 13(h), Article 42.12, Code of |
|
Criminal Procedure, that is designed to rehabilitate persons who |
|
have operated motor vehicles while intoxicated, unless the person |
|
is placed under community supervision under that article and is |
|
required as a condition of the community supervision to not operate |
|
a motor vehicle unless the vehicle is equipped with the device |
|
described by Section 13(i) of that article. If the person is |
|
required to attend such a program and does not complete the program |
|
before the end of the person's suspension, the department shall |
|
suspend the person's license or continue the suspension, as |
|
appropriate, until the department receives proof that the person |
|
has successfully completed the program. On the person's successful |
|
completion of the program, the person's instructor shall give |
|
notice to the department and to the community supervision and |
|
corrections department in the manner provided by Section 13(h), |
|
Article 42.12, Code of Criminal Procedure. |
|
SECTION 23. Sections 521.344(a) and (c), Transportation |
|
Code, are amended to read as follows: |
|
(a) Except as provided by Sections 521.342(b) and 521.345, |
|
and by Subsections (d)-(i), if a person is convicted of an offense |
|
under Section 49.04, 49.045, or 49.07, Penal Code, the license |
|
suspension: |
|
(1) begins on a date set by the court that is not |
|
earlier than the date of the conviction or later than the 30th day |
|
after the date of the conviction, as determined by the court; and |
|
(2) continues for a period set by the court according |
|
to the following schedule: |
|
(A) not less than 90 days or more than one year, |
|
if the person is punished under Section 49.04, 49.045, or 49.07, |
|
Penal Code, except that if the person's license is suspended for a |
|
second or subsequent offense under Section 49.07 committed within |
|
five years of the date on which the most recent preceding offense |
|
was committed, the suspension continues for a period of one year; |
|
(B) not less than 180 days or more than two years, |
|
if the person is punished under Section 49.09(a) or (b), Penal Code; |
|
or |
|
(C) not less than one year or more than two years, |
|
if the person is punished under Section 49.09(a) or (b), Penal Code, |
|
and is subject to Section 49.09(h) of that code. |
|
(c) The court shall credit toward the period of suspension a |
|
suspension imposed on the person for refusal to give a specimen |
|
under Chapter 724 if the refusal followed an arrest for the same |
|
offense for which the court is suspending the person's license |
|
under this chapter. The court may not extend the credit to a |
|
person: |
|
(1) who has been previously convicted of an offense |
|
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or |
|
(2) whose period of suspension is governed by Section |
|
521.342(b). |
|
SECTION 24. Section 521.371(3), Transportation Code, is |
|
amended to read as follows: |
|
(3) "Drug offense" has the meaning assigned under 23 |
|
U.S.C. Section 159(c) and includes an offense under Section 49.04, |
|
49.045, 49.07, or 49.08, Penal Code, that is committed as a result |
|
of the introduction into the body of any substance the possession of |
|
which is prohibited under the Controlled Substances Act. |
|
SECTION 25. Section 522.081(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) This subsection applies to a violation committed while |
|
operating any motor vehicle, including a commercial motor vehicle, |
|
except as provided by this subsection. A person who holds a |
|
commercial driver's license is disqualified from driving a |
|
commercial motor vehicle for one year: |
|
(1) if convicted of three violations of a law that |
|
regulates the operation of a motor vehicle at a railroad grade |
|
crossing that occur within a three-year period; |
|
(2) on first conviction of: |
|
(A) driving a motor vehicle under the influence |
|
of alcohol or a controlled substance, including a violation of |
|
Section 49.04, 49.045, or 49.07, Penal Code; |
|
(B) leaving the scene of an accident involving a |
|
motor vehicle driven by the person; |
|
(C) using a motor vehicle in the commission of a |
|
felony, other than a felony described by Subsection (d)(2); |
|
(D) causing the death of another person through |
|
the negligent or criminal operation of a motor vehicle; or |
|
(E) driving a commercial motor vehicle while the |
|
person's commercial driver's license is revoked, suspended, or |
|
canceled, or while the person is disqualified from driving a |
|
commercial motor vehicle, for an action or conduct that occurred |
|
while operating a commercial motor vehicle; |
|
(3) for refusing to submit to a test under Chapter 724 |
|
to determine the person's alcohol concentration or the presence in |
|
the person's body of a controlled substance or drug while operating |
|
a motor vehicle in a public place; or |
|
(4) if an analysis of the person's blood, breath, or |
|
urine under Chapter 522, 524, or 724 determines that the person: |
|
(A) had an alcohol concentration of 0.04 or more, |
|
or that a controlled substance or drug was present in the person's |
|
body, while operating a commercial motor vehicle in a public place; |
|
or |
|
(B) had an alcohol concentration of 0.08 or more |
|
while operating a motor vehicle, other than a commercial motor |
|
vehicle, in a public place. |
|
SECTION 26. Section 524.011(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) An officer arresting a person shall comply with |
|
Subsection (b) if: |
|
(1) the person is arrested for an offense under |
|
Section 49.04 or 49.045, Penal Code, or an offense under Section |
|
49.07 or 49.08 of that code involving the operation of a motor |
|
vehicle while intoxicated, submits to the taking of a specimen of |
|
breath or blood and an analysis of the specimen shows the person had |
|
an alcohol concentration of a level specified by Section |
|
49.01(2)(B), Penal Code; or |
|
(2) the person is a minor arrested for an offense under |
|
Section 106.041, Alcoholic Beverage Code, or Section 49.04 or |
|
49.045, Penal Code, or an offense under Section 49.07 or 49.08, |
|
Penal Code, involving the operation of a motor vehicle while |
|
intoxicated and: |
|
(A) the minor is not requested to submit to the |
|
taking of a specimen; or |
|
(B) the minor submits to the taking of a specimen |
|
and an analysis of the specimen shows that the minor had an alcohol |
|
concentration of greater than .00 but less than the level specified |
|
by Section 49.01(2)(B), Penal Code. |
|
SECTION 27. Section 524.015(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) A suspension may not be imposed under this chapter on a |
|
person who is acquitted of a criminal charge under Section 49.04, |
|
49.045, 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic |
|
Beverage Code, arising from the occurrence that was the basis for |
|
the suspension. If a suspension was imposed before the acquittal, |
|
the department shall rescind the suspension and shall remove any |
|
reference to the suspension from the person's computerized driving |
|
record. |
|
SECTION 28. Section 524.022(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) A period of suspension under this chapter for a minor |
|
is: |
|
(1) 60 days if the minor has not been previously |
|
convicted of an offense under Section 106.041, Alcoholic Beverage |
|
Code, or Section 49.04 or 49.045, Penal Code, or an offense under |
|
Section 49.07 or 49.08, Penal Code, involving the operation of a |
|
motor vehicle while intoxicated; |
|
(2) 120 days if the minor has been previously |
|
convicted once of an offense listed by Subdivision (1); or |
|
(3) 180 days if the minor has been previously |
|
convicted twice or more of an offense listed by Subdivision (1). |
|
SECTION 29. Section 524.023, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS. |
|
(a) If a person is convicted of an offense under Section 106.041, |
|
Alcoholic Beverage Code, or Section 49.04, 49.045, 49.07, or 49.08, |
|
Penal Code, and if any conduct on which that conviction is based is |
|
a ground for a driver's license suspension under this chapter and |
|
Section 106.041, Alcoholic Beverage Code, Subchapter O, Chapter |
|
521, or Subchapter H, Chapter 522, each of the suspensions shall be |
|
imposed. |
|
(b) The court imposing a driver's license suspension under |
|
Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as |
|
required by Subsection (a) shall credit a period of suspension |
|
imposed under this chapter toward the period of suspension required |
|
under Section 106.041, Alcoholic Beverage Code, or Subchapter O, |
|
Chapter 521, or Subchapter H, Chapter 522, unless the person was |
|
convicted of an offense under Article 6701l-1, Revised Statutes, as |
|
that law existed before September 1, 1994, Section 19.05(a)(2), |
|
Penal Code, as that law existed before September 1, 1994, Section |
|
49.04, 49.045, 49.07, or 49.08, Penal Code, or Section 106.041, |
|
Alcoholic Beverage Code, before the date of the conviction on which |
|
the suspension is based, in which event credit may not be given. |
|
SECTION 30. Section 524.042(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A suspension of a driver's license under this chapter is |
|
stayed on the filing of an appeal petition only if: |
|
(1) the person's driver's license has not been |
|
suspended as a result of an alcohol-related or drug-related |
|
enforcement contact during the five years preceding the date of the |
|
person's arrest; and |
|
(2) the person has not been convicted during the 10 |
|
years preceding the date of the person's arrest of an offense under: |
|
(A) Article 6701l-1, Revised Statutes, as that |
|
law existed before September 1, 1994; |
|
(B) Section 19.05(a)(2), Penal Code, as that law |
|
existed before September 1, 1994; |
|
(C) Section 49.04 or 49.045, Penal Code; |
|
(D) Section 49.07 or 49.08, Penal Code, if the |
|
offense involved the operation of a motor vehicle while |
|
intoxicated; or |
|
(E) Section 106.041, Alcoholic Beverage Code. |
|
SECTION 31. Section 543.011(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) This section applies to a person who: |
|
(1) is stopped or issued a notice to appear by a peace |
|
officer in connection with a violation of: |
|
(A) this subtitle; |
|
(B) Section 49.031, [49.03 or] 49.04, or 49.045, |
|
Penal Code; or |
|
(C) Section 49.07 or 49.08, Penal Code, involving |
|
operation of a motor vehicle while intoxicated; and |
|
(2) presents to the peace officer a driver's license |
|
issued by the United States Department of State or claims |
|
immunities or privileges under 22 U.S.C. Chapter 6. |
|
SECTION 32. Section 705.001(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) knowingly permits another to operate a motor |
|
vehicle owned by the person; and |
|
(2) knows that at the time permission is given the |
|
other person's license has been suspended as a result of a: |
|
(A) conviction of an offense under: |
|
(i) Section 49.04 or 49.045, Penal Code; |
|
(ii) Section 49.07, Penal Code, if the |
|
offense involved operation of a motor vehicle while intoxicated; or |
|
(iii) Article 6701l-1, Revised Statutes, as |
|
that law existed before September 1, 1994; or |
|
(B) failure to give a specimen under: |
|
(i) Chapter 724; or |
|
(ii) Chapter 434, Acts of the 61st |
|
Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's |
|
Texas Civil Statutes), as that law existed before September 1, |
|
1995. |
|
SECTION 33. The changes in law made by this Act apply only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed 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 the |
|
effective date of this Act if any element of the offense was |
|
committed before that date. |
|
SECTION 34. This Act takes effect September 1, 2007. |