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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalties for intoxication |
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assault and intoxication manslaughter. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.07(c), Penal Code, is amended to read |
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as follows: |
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(c) Except as provided by Section 49.09, an offense under |
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this section is a felony of the second [third] degree. |
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SECTION 2. Section 49.08(b), Penal Code, is amended to read |
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as follows: |
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(b) An [Except as provided by Section 49.09, an] offense |
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under this section is a felony of the first [second] degree. |
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SECTION 3. Sections 49.09(b-1) and (b-4), Penal Code, are |
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amended to read as follows: |
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(b-1) An offense under Section 49.07 is[:
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[(1)] a felony of the first [second] degree if it is |
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shown on the trial of the offense that the person caused serious |
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bodily injury to a peace officer, judge, firefighter, or emergency |
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medical services personnel while in the actual discharge of an |
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official duty[; or
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[(2)
a felony of the first degree if it is shown on the
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trial of the offense that the person caused serious bodily injury to
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a peace officer or judge while the officer or judge was in the
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actual discharge of an official duty]. |
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(b-4) An offense under Section 49.07 is a felony of the |
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first [second] degree if it is shown on the trial of the offense |
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that the person caused serious bodily injury to another in the |
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nature of a traumatic brain injury that results in a persistent |
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vegetative state. |
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SECTION 4. Section 49.09(b-2), Penal Code, is repealed. |
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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 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 was |
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committed before that date. |
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SECTION 6. This Act takes effect September 1, 2019. |