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COMMITTEE AMENDMENT NO. 1 |
By: Shapleigh |
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Amend the proposed House Bill No. 2012 in SECTION 3 of the |
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bill, by striking amended Section (c), (page 2, lines 1 through 3). |
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COMMITTEE AMENDMENT NO. 2 |
By: Carona |
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Amend the proposed House Bill No. 2012 in SECTION 2, of the |
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bill, by striking the words "felony of the third degree" (page 1, |
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lines 36 and 37)and replacing those words with the words "Class A |
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misdemeanor". |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal consequences of operating without a valid |
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driver's license a motor vehicle for which financial responsibility |
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is not established. |
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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 Eric's Law. |
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SECTION 2. Section 521.457, Transportation Code, is amended |
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by amending Subsections (e) and (f) and adding Subsection (f-2) to |
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read as follows: |
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(e) Except as provided by Subsections (f), [and] (f-1), and |
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(f-2), an offense under this section is a Class C misdemeanor. |
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(f) An offense under this section is a Class B misdemeanor |
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if [If] it is shown on the trial of the [an] offense [under this
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section] that the person: |
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(1) has previously been convicted of an offense under |
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this section or an offense under Section 601.371(a), as that law |
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existed before September 1, 2003; or |
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(2) at the time of the offense, was operating the motor |
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vehicle in violation of Section 601.191 [, the offense is a Class B
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misdemeanor]. |
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(f-2) An offense under this section is a felony of the third |
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degree if it is shown on the trial of the offense that at the time of |
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the offense the person was operating the motor vehicle in violation |
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of Section 601.191 and caused or was at fault in a motor vehicle |
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accident that resulted in serious bodily injury to or the death of |
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another person. |
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SECTION 3. (a) The Legislative Budget Board shall prepare |
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an annual criminal justice policy impact statement for this Act. |
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(b) The impact statement must include information |
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concerning: |
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(1) the number of arrests and resulting criminal |
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dispositions under this Act; |
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(2) the fiscal impact of arrests, trials, convictions, |
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and imprisoning or imposing other sanctions on persons in |
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accordance with this Act; |
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(3) the race and ethnicity of persons arrested, |
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prosecuted, convicted, and incarcerated under this Act; |
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(4) the impact of this Act on existing correctional |
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facilities, as defined by Section 1.07, Penal Code; |
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(5) the likelihood that this Act may create a need for |
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additional prison capacity; |
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(6) civil action damages assessed and collected, and |
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assets seized and forfeited under this Act; and |
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(7) any other matter the Legislative Budget Board |
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determines relevant. |
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(c) The Legislative Budget Board shall complete the impact |
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statement not later than December 1 each year, beginning December |
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1, 2010, and make it available to the public on its website. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For the |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |
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