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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal offenses regarding the possession or |
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consumption of alcoholic beverages by a minor and providing |
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alcoholic beverages to a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.04, Alcoholic Beverage Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) It is an exception to the application of Subsection (a) |
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that the minor: |
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(1) 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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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the minor requested emergency medical |
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assistance for the possible alcohol overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 2. Section 106.05, Alcoholic Beverage Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) It is an exception to the application of Subsection (a) |
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that the minor: |
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(1) 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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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the minor requested emergency medical |
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assistance for the possible alcohol overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 3. Section 106.06, Alcoholic Beverage Code, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) 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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this section on community supervision under that article shall, if |
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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 alcohol awareness program approved |
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under Section 106.115; 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 (d) 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 4. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before the effective date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |