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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain intoxication offenses and |
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the eligibility for deferred adjudication community supervision of |
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defendants who committed certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.102(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) In all other cases, the judge may grant deferred |
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adjudication community supervision unless: |
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(1) the defendant is charged with an offense: |
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(A) under Section 49.045, 49.05, 49.065, 49.07, |
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or 49.08 [Sections 49.04-49.08], Penal Code; [or] |
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(B) under Section 49.04 or 49.06, Penal Code, |
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and, at the time of the offense: |
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(i) the defendant held a commercial |
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driver's license or a commercial learner's permit; or |
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(ii) the defendant's alcohol concentration, |
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as defined by Section 49.01, Penal Code, was 0.16 or more; |
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(C) for which punishment may be increased under |
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Section 49.09, Penal Code; or |
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(D) for which punishment may be increased under |
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Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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is shown that the defendant has been previously convicted of an |
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offense for which punishment was increased under any one of those |
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subsections; |
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(2) the defendant: |
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(A) is charged with an offense under Section |
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21.11, 22.011, or 22.021, Penal Code, regardless of the age of the |
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victim, or a felony described by Article 42A.453(b); and |
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(B) has previously been placed on community |
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supervision for an offense under Paragraph (A); |
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(3) the defendant is charged with an offense under: |
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(A) Section 21.02, Penal Code; or |
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(B) Section 22.021, Penal Code, that is |
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punishable under Subsection (f) of that section or under Section |
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12.42(c)(3) or (4), Penal Code; or |
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(4) the defendant is charged with an offense under |
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Section 19.02, Penal Code, except that the judge may grant deferred |
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adjudication community supervision on determining that the |
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defendant did not cause the death of the deceased, did not intend to |
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kill the deceased or another, and did not anticipate that a human |
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life would be taken. |
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SECTION 2. Article 42A.408, Code of Criminal Procedure, is |
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amended by adding Subsection (e-1) to read as follows: |
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(e-1) A judge granting deferred adjudication community |
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supervision to a defendant for an offense under Section 49.04 or |
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49.06, Penal Code, shall require that the defendant as a condition |
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of community supervision have an ignition interlock device |
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installed on the motor vehicle owned by the defendant or on the |
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vehicle most regularly driven by the defendant and that the |
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defendant not operate any motor vehicle that is not equipped with |
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that device, unless the judge finds that restricting the defendant |
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to the operation of a motor vehicle equipped with an ignition |
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interlock device would not be in the best interest of society and |
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enters that finding in the record. This subsection applies |
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regardless of whether the defendant would be required to have an |
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ignition interlock device installed on conviction of the offense |
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for which deferred adjudication community supervision is granted. |
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If the judge determines the defendant is unable to pay for the |
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ignition interlock device, the judge may impose a reasonable |
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payment schedule, as provided by Subsection (f). If the defendant |
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provides the court evidence under Section 708.158, Transportation |
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Code, sufficient to establish that the defendant is indigent for |
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purposes of that section, the judge may enter in the record a |
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finding that the defendant is indigent and reduce the costs to the |
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defendant by ordering a waiver of the installation charge for the |
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ignition interlock device and a 50 percent reduction of the monthly |
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device monitoring fee. A reduction in costs ordered under this |
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subsection does not apply to any fees that may be assessed against |
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the defendant if the ignition interlock device detects ethyl |
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alcohol on the breath of the person attempting to operate the motor |
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vehicle. |
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SECTION 3. Section 411.072(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to a person who: |
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(1) was placed on deferred adjudication community |
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supervision under Subchapter C, Chapter 42A, Code of Criminal |
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Procedure, for a misdemeanor other than a misdemeanor: |
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(A) under: |
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(i) Section 49.04 or 49.06, Penal Code; or |
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(ii) Chapter 20, 21, 22, 25, 42, 43, 46, or |
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71, Penal Code; or |
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(B) with respect to which an affirmative finding |
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under Article 42A.105(f), Code of Criminal Procedure, or former |
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Section 5(k), Article 42.12, Code of Criminal Procedure, was filed |
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in the papers of the case; and |
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(2) has never been previously convicted of or placed |
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on deferred adjudication community supervision for another offense |
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other than a traffic offense that is punishable by fine only. |
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SECTION 4. Section 411.0725(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to a person placed on deferred |
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adjudication community supervision under Subchapter C, Chapter |
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42A, Code of Criminal Procedure, who: |
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(1) is not eligible to receive an order of |
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nondisclosure of criminal history record information under Section |
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411.072; and |
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(2) was placed on deferred adjudication community |
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supervision for an offense other than an offense under Section |
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49.04 or 49.06, Penal Code. |
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SECTION 5. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.0726 to read as follows: |
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Sec. 411.0726. PROCEDURE FOR DEFERRED ADJUDICATION |
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COMMUNITY SUPERVISION; CERTAIN DRIVING WHILE INTOXICATED AND |
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BOATING WHILE INTOXICATED MISDEMEANORS. (a) This section applies |
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only to a person who was placed on deferred adjudication community |
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supervision under Subchapter C, Chapter 42A, Code of Criminal |
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Procedure, for a misdemeanor: |
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(1) under Section 49.04 or 49.06, Penal Code; and |
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(2) with respect to which no affirmative finding under |
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Article 42A.105(f), Code of Criminal Procedure, was filed in the |
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papers of the case. |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, a person may petition the court that placed the |
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person on deferred adjudication community supervision for an order |
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of nondisclosure if the person: |
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(1) receives a discharge and dismissal under Article |
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42A.111, Code of Criminal Procedure; |
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(2) satisfies the requirements of Section 411.074; and |
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(3) has never been previously convicted of or placed |
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on deferred adjudication community supervision for another |
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offense, other than a traffic offense that is punishable by fine |
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only. |
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(c) A petition for an order of nondisclosure of criminal |
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history record information filed under this section must include |
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evidence that the person is entitled to file the petition. |
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(d) Except as provided by Subsection (e), after notice to |
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the state, an opportunity for a hearing, and a determination that |
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the person is entitled to file the petition and issuance of an order |
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of nondisclosure of criminal history record information is in the |
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best interest of justice, the court shall issue an order |
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prohibiting criminal justice agencies from disclosing to the public |
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criminal history record information related to the offense giving |
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rise to the deferred adjudication community supervision. |
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(e) A court may not issue an order of nondisclosure of |
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criminal history record information under this section if the |
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attorney representing the state presents evidence sufficient to the |
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court demonstrating that the commission of the offense for which |
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the order is sought resulted in a motor vehicle accident involving |
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another person, including a passenger in a motor vehicle operated |
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by the person seeking the order of nondisclosure. |
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(f) A person may petition the court that placed the person |
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on deferred adjudication community supervision for an order of |
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nondisclosure of criminal history record information under this |
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section only on or after: |
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(1) the second anniversary of the date of completion |
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of the deferred adjudication community supervision and the |
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discharge and dismissal of the case, if the person successfully |
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complied with a condition of community supervision that, for a |
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period of not less than six months, restricted the person's |
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operation of a motor vehicle to a motor vehicle equipped with an |
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ignition interlock device; or |
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(2) the fifth anniversary of the date of completion of |
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the deferred adjudication community supervision and the discharge |
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and dismissal of the case, if the court that placed the person on |
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deferred adjudication community supervision did not order the |
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person to comply with a condition of community supervision |
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described by Subdivision (1) for the period described by that |
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subdivision. |
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SECTION 6. Sections 49.09(b) and (g), Penal Code, are |
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amended to read as follows: |
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(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or |
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49.065 is a felony of the third degree if it is shown on the trial of |
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the offense that the person has previously been convicted: |
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(1) one time of an offense under Section 49.08 or an |
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offense under the laws of another state if the offense contains |
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elements that are substantially similar to the elements of an |
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offense under Section 49.08; or |
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(2) two times of any other offense relating to the |
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operating of a motor vehicle while intoxicated, operating an |
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aircraft while intoxicated, operating a watercraft while |
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intoxicated, or operating or assembling an amusement ride while |
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intoxicated. |
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(g) A conviction may be used for purposes of enhancement |
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under this section or enhancement under Subchapter D, Chapter 12, |
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but not under both this section and Subchapter D. For purposes of |
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this section, a person is considered to have been convicted of an |
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offense under Section 49.04 or 49.06 if the person was placed on |
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deferred adjudication community supervision for the offense under |
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Article 42A.102, Code of Criminal Procedure. |
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SECTION 7. The changes in law made by this Act to Articles |
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42A.102 and 42A.408, Code of Criminal Procedure, apply only to the |
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eligibility for deferred adjudication community supervision of a |
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defendant for an offense committed on or after the effective date of |
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this Act. The eligibility for deferred adjudication community |
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supervision of a defendant for an offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 8. The changes in law made by this Act to Section |
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49.09, Penal Code, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 9. This Act takes effect September 1, 2019. |