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A BILL TO BE ENTITLED
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AN ACT
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relating to enhancing the penalty for intoxication assault and |
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intoxication manslaughter in certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 49.09(b-1), (b-2), and (b-3), Penal |
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Code, are amended to read as follows: |
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(b-1) An offense under Section 49.07 is a felony of the |
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second degree if it is shown on the trial of the offense that the |
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person: |
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(1) caused serious bodily injury to: |
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(A) a peace officer, a firefighter, or emergency |
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medical services personnel while in the actual discharge of an |
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official duty; |
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(B) another in the nature of a traumatic brain |
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injury that results in a persistent vegetative state; |
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(C) more than one person during the same criminal |
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transaction; or |
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(D) a person who is younger than 17 years of age; |
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(2) failed to stop, render aid, or provide information |
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in violation of Section 550.021 or 550.023, Transportation Code; |
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(3) was operating a motor vehicle: |
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(A) without a valid driver's license appropriate |
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for the class of vehicle being operated in violation of Section |
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521.021, 521.025, 521.457, 522.011, or 601.371, Transportation |
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Code; or |
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(B) without evidence of financial responsibility |
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in violation of Subchapter G, Chapter 601, Transportation Code; |
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(4) failed to stop for, fled from, or evaded a pursuing |
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law enforcement officer in violation of Section 38.04 of this code |
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or Section 545.421, Transportation Code; or |
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(5) had previously been convicted one or more times of |
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an offense relating to the operating of a motor vehicle while |
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intoxicated, operating an aircraft while intoxicated, operating a |
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watercraft while intoxicated, or operating or assembling an |
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amusement ride while intoxicated. |
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(b-2) An offense under Section 49.08 is a felony of the |
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first degree if it is shown on the trial of the offense that the |
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person: |
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(1) caused the death of: |
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(A) a peace officer, a firefighter, or emergency |
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medical services personnel while in the actual discharge of an |
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official duty; |
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(B) more than one person during the same criminal |
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transaction; or |
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(C) a person who is younger than 17 years of age; |
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(2) failed to stop, render aid, or provide information |
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in violation of Section 550.021 or 550.023, Transportation Code; |
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(3) was operating a motor vehicle: |
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(A) without a valid driver's license appropriate |
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for the class of vehicle being operated in violation of Section |
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521.021, 521.025, 521.457, 522.011, or 601.371, Transportation |
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Code; or |
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(B) without evidence of financial responsibility |
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in violation of Subchapter G, Chapter 601, Transportation Code; |
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(4) failed to stop for, fled from, or evaded a pursuing |
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law enforcement officer in violation of Section 38.04 of this code |
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or Section 545.421, Transportation Code; or |
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(5) had previously been convicted one or more times of |
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an offense relating to the operating of a motor vehicle while |
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intoxicated, operating an aircraft while intoxicated, operating a |
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watercraft while intoxicated, or operating or assembling an |
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amusement ride while intoxicated [person described by Subsection
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(b-1)]. |
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(b-3) For the purposes of Subsections [Subsection] (b-1) |
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and (b-2): |
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(1) "Emergency medical services personnel" has the |
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meaning assigned by Section 773.003, Health and Safety Code. |
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(2) "Firefighter" means: |
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(A) an individual employed by this state or by a |
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political or legal subdivision of this state who is subject to |
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certification by the Texas Commission on Fire Protection; or |
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(B) a member of an organized volunteer |
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fire-fighting unit that: |
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(i) renders fire-fighting services without |
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remuneration; and |
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(ii) conducts a minimum of two drills each |
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month, each at least two hours long. |
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SECTION 2. Section 49.09(b-4), Penal Code, is repealed. |
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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, 2017. |