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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain intoxication offenses. |
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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 49.045, 49.07, or 49.08 |
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[Sections 49.04-49.08], Penal Code; [or] |
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(B) under Section 49.04, 49.05, 49.06, or 49.065, |
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Penal Code, and, at the time of the offense, the defendant held a |
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commercial driver's license or a commercial driver learner's |
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permit; |
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(C) for which punishment may be increased under |
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Section 49.09, Penal Code; or |
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(D) 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; |
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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; 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; or |
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(3) the defendant is charged with an offense under: |
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(A) Section 21.02, Penal Code; or |
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(B) Section 22.021, Penal Code, that is |
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punishable under Subsection (f) of that section or under Section |
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12.42(c)(3), Penal Code. |
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SECTION 2. Section 13, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (o) to read as follows: |
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(o) A judge granting deferred adjudication to a defendant |
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for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal |
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Code, shall require the defendant to have an ignition interlock |
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device installed under Subsection (i), regardless of whether the |
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defendant would be required to have the device installed if the |
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defendant was convicted. |
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SECTION 3. 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 period of the deferred |
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adjudication community supervision for which the order of |
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nondisclosure is requested and during the applicable period |
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described by Subsection (d)(1), (2), or (3), as appropriate, the |
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person is not convicted of or placed on deferred adjudication |
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community supervision under Section 5, Article 42.12, Code of |
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Criminal 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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was placed on the deferred adjudication community supervision for |
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or has been previously convicted or placed on any other deferred |
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adjudication 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 Section 49.04, 49.05, 49.06, or |
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49.065, Penal Code. |
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SECTION 4. Sections 49.09(b) and (g), Penal Code, are |
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amended to read as follows: |
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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 previously been convicted: |
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(1) one time of 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 of 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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(g) A conviction may be used for purposes of enhancement |
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under this section or enhancement under Subchapter D, Chapter 12, |
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but not under both this section and Subchapter D. A deferred |
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adjudication for an offense under Section 49.04, 49.05, 49.06, or |
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49.065 is considered a conviction for purposes of enhancement of |
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penalties under this section or Subchapter D, Chapter 12. |
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SECTION 5. 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 |
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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 6. This Act takes effect September 1, 2011. |