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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of public intoxication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.02, Penal Code, is amended by |
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amending Subsections (a), (a-1), and (e), and adding Subsections |
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(f) and (g), to read as follows |
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Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an |
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offense if the person: |
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(1) appears in a public place while intoxicated to the
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degree that the person may endanger the person or another; or |
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(2) is younger than 21 years old and consumes, |
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possesses, or purchases an alcoholic beverage in a public place.
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(a-1) For the purposes of this section, "public place" |
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includes a premises: |
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(1) licensed or permitted under the Alcoholic Beverage
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Code; and [is a public place]
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(2) that is accessible by two or more unrelated |
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persons under 21 years old and on which any one of those persons |
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possesses alcohol.
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(e) An offense under this section committed by a person |
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younger than 21 years of age is: |
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(1) punishable in the same manner as if the minor |
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committed an offense to which Section 106.071, Alcoholic Beverage |
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Code, applies; and |
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(2) is not punishable if the person younger than 21 |
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years old if the person: |
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(A) requested emergency medical assistance in |
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response to the possible alcohol overdose of the minor or another |
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person; |
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(B) was the first person to make a request for |
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medical assistance under Subdivision (1); and |
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(C) if the minor requested emergency medical |
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assistance for the possible alcohol overdose of another person: |
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(i) remained on the scene until the medical |
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assistance arrived; and |
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(ii) cooperated with medical assistance and |
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law enforcement personnel.
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(f) A judge, acting under Article 42.12, Code of Criminal |
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Procedure, who places a defendant charged with an offense under |
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Subsection (a)(2) on community supervision under that article |
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shall, if the defendant committed the offense at a gathering where |
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participants were involved in the abuse of alcohol, including binge |
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drinking or forcing or coercing individuals to consume alcohol, in |
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addition to any other condition imposed by the judge: |
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(1) require the defendant to: |
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(A) perform community service for not less than |
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20 or more than 40 hours; and |
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(B) attend an approved alcohol awareness |
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program; and |
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(2) order the Department of Public Safety to suspend |
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the driver's license or permit of the defendant or, if the defendant |
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does not have a driver's license or permit, to deny the issuance of |
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a driver's license or permit to the defendant for 180 days. |
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(e) Community service ordered under Subsection (f) is in |
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addition to any community service ordered by the judge under |
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Section 16, Article 42.12, Code of Criminal Procedure, and must be |
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related to education about or prevention of misuse of alcohol if |
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programs or services providing that education are available in the |
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community in which the court is located. If programs or services |
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providing that education are not available, the court may order |
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community service that the court considers appropriate for |
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rehabilitative purposes. |
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SECTION 2. (a) The change in law made by this Act in |
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amending Section 49.02, Penal Code, applies only to an offense |
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committed on or after the effective date of this Act. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |