82R1493 GCB-D
 
  By: Patrick S.B. No. 395
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for certain intoxication offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 49.045, 49.07, or 49.08
  [Sections 49.04-49.08], Penal Code; [or]
                     (B)  under Section 49.04, 49.05, 49.06, or 49.065,
  Penal Code, and, at the time of the offense, the defendant held a
  commercial driver's license or a commercial driver learner's
  permit;
                     (C)  for which punishment may be increased under
  Section 49.09, Penal Code; or
                     (D)  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;
               (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; or
               (3)  the defendant is charged with an offense under:
                     (A)  Section 21.02, Penal Code; or
                     (B)  Section 22.021, Penal Code, that is
  punishable under Subsection (f) of that section or under Section
  12.42(c)(3), Penal Code.
         SECTION 2.  Section 13, Article 42.12, Code of Criminal
  Procedure, is amended by adding Subsection (o) to read as follows:
         (o)  A judge granting deferred adjudication to a defendant
  for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal
  Code, shall require the defendant to have an ignition interlock
  device installed under Subsection (i), regardless of whether the
  defendant would be required to have the device installed if the
  defendant was convicted.
         SECTION 3.  Section 411.081(e), Government Code, is amended
  to read as follows:
         (e)  A person is entitled to petition the court under
  Subsection (d) only if during the period of the deferred
  adjudication community supervision for which the order of
  nondisclosure is requested and during the applicable period
  described by Subsection (d)(1), (2), or (3), as appropriate, the
  person is not convicted of or placed on deferred adjudication
  community supervision under Section 5, Article 42.12, Code of
  Criminal Procedure, for any offense other than an offense under the
  Transportation Code punishable by fine only.  A person is not
  entitled to petition the court under Subsection (d) if the person
  was placed on the deferred adjudication community supervision for
  or has been previously convicted or placed on any other deferred
  adjudication for:
               (1)  an offense requiring registration as a sex
  offender under Chapter 62, Code of Criminal Procedure;
               (2)  an offense under Section 20.04, Penal Code,
  regardless of whether the offense is a reportable conviction or
  adjudication for purposes of Chapter 62, Code of Criminal
  Procedure;
               (3)  an offense under Section 19.02, 19.03, 22.04,
  22.041, 25.07, or 42.072, Penal Code; [or]
               (4)  any other offense involving family violence, as
  defined by Section 71.004, Family Code; or
               (5)  an offense under Section 49.04, 49.05, 49.06, or
  49.065, Penal Code.
         SECTION 4.  Sections 49.09(b) and (g), Penal Code, are
  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.
         (g)  A conviction may be used for purposes of enhancement
  under this section or enhancement under Subchapter D, Chapter 12,
  but not under both this section and Subchapter D. A deferred
  adjudication for an offense under Section 49.04, 49.05, 49.06, or
  49.065 is considered a conviction for purposes of enhancement of
  penalties under this section or Subchapter D, Chapter 12.
         SECTION 5.  The change in law made by this Act applies 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 6.  This Act takes effect September 1, 2011.