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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of the offense of |
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intoxication assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.07, Penal Code, is amended to read as |
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follows: |
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Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an |
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offense if the person, by accident or mistake: |
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(1) while operating an aircraft, watercraft, or |
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amusement ride while intoxicated, or while operating a motor |
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vehicle in a public place while intoxicated, by reason of that |
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intoxication causes bodily injury or serious bodily injury to |
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another; or |
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(2) as a result of assembling a mobile amusement ride |
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while intoxicated causes bodily injury or serious bodily injury to |
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another. |
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(b) In this section, "serious bodily injury" means bodily |
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injury that creates a substantial risk of death or that causes |
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serious permanent disfigurement or protracted loss or impairment of |
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the function of any bodily member or organ. |
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(c) Except as provided by Section 49.09, an offense under |
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this section is: |
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(1) a state jail felony if the actor causes bodily |
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injury to another; or |
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(2) a felony of the third degree if the actor causes |
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serious bodily injury to another. |
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SECTION 2. Section 49.09(b-1), Penal Code, is amended to |
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read as follows: |
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(b-1) The punishment prescribed for an [An] offense under |
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Section 49.07 is increased to the punishment prescribed for the |
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next higher category of offense [a felony of the second degree] if |
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it is shown on the trial of the offense that the person caused |
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bodily injury or serious bodily injury to a peace officer, a |
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firefighter, or emergency medical services personnel while in the |
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actual discharge of an official duty. |
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SECTION 3. 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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |