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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the punishment for an offense involving the |
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operation of a motor vehicle while intoxicated in which the actor |
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causes bodily injury to another. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.04, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) Except as provided by Subsections (c), [and] (d), and |
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(e), and Section 49.09, an offense under this section is a Class B |
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misdemeanor, with a minimum term of confinement of 72 hours. |
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(e) If it is shown on the trial of an offense under this |
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section that the person caused bodily injury to another as a result |
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of operating a motor vehicle while intoxicated, the offense is a |
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Class A misdemeanor. |
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SECTION 2. Section 49.09, Penal Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), (a-2), or (b), |
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an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A |
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misdemeanor, with a minimum term of confinement of 30 days, if it is |
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shown on the trial of the offense that the person has previously |
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been convicted one time of an offense relating to the operating of a |
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motor vehicle while intoxicated, an offense of operating an |
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aircraft while intoxicated, an offense of operating a watercraft |
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while intoxicated, or an offense of operating or assembling an |
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amusement ride while intoxicated. |
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(a-1) Except as provided by Subsection (a-2) or (b), an |
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offense under Section 49.04 is a Class A misdemeanor, with a minimum |
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term of confinement of 180 days, if it is shown on the trial of the |
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offense that the person: |
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(1) caused bodily injury to another as a result of |
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operating a motor vehicle while intoxicated; and |
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(2) has previously been convicted of an offense under |
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Section 49.04 punishable under Subsection (e) of that section. |
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(a-2) Except as provided by Subsection (b), an offense under |
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Section 49.04 punishable under Subsection (e) of that section is a |
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state jail felony if it is shown on the trial of the offense that the |
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person caused bodily injury to a peace officer, a firefighter, or |
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emergency medical services personnel while in the actual discharge |
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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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governed by the law in effect on the date the offense was committed, |
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and 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 occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |