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Amend CSHB 9 (house committee printing) as follows:
(1) On page 1, strike lines 15 and 16 and substitute the following:
SECTION 2. Section 42.03, Penal Code, is amended by amending Subsection (c) and adding Subsections (d), (e), and (f) to read as follows:
(2) On page 2, between lines 3 and 4, insert the following:
(d) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (c)(1) or (2), the defendant may raise the issue as to whether, at the time of the offense, the defendant:
(1) was not aware that the defendant was preventing the passage of an authorized emergency vehicle or obstructing access to a hospital because the defendant:
(A) was blind or had a visual impairment; or
(B) was deaf or had a hearing impairment;
(2) did not understand or appreciate the need to move, make way for the emergency vehicle, or otherwise vacate the area because the defendant had a mental illness or developmental disability;
(3) was unable to move, make way for the emergency vehicle, or otherwise vacate the area because the defendant had a physical disability that impacted the defendant's mobility; or
(4) was younger than 18 years of age and accompanied by the defendant's parent or guardian.
(e) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (c)(1), the defendant may raise the issue as to whether, at the time of the offense:
(1) another person obstructed the defendant's ability to move, make way for the emergency vehicle, or otherwise vacate the area thereby preventing the passage of the emergency vehicle;
(2) the emergency vehicle that was obstructed:
(A) was not transporting a person to a hospital or other health care facility that provides emergency care; or
(B) was transporting a person who was not suffering from serious bodily injury or at risk of death; or
(3) any potential delay caused by the obstruction would not have affected the medical outcome of the person being transported by the emergency vehicle.
(f) If the defendant proves any of the issues in Subsection (d) or (e) in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (c)(1) or (2), as applicable, does not apply.