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A BILL TO BE ENTITLED
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AN ACT
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relating to enhancing the criminal penalty for the offense of |
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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. Section 49.09(b-2), Penal Code, is amended to |
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read as follows: |
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(b-2) An offense under Section 49.08 is: |
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(1) a felony of the first degree if it is shown on the |
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trial of the offense that the person caused the death of a person |
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described by Subsection (b-1); |
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(2) a felony of the first degree punishable by |
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imprisonment in the Texas Department of Criminal Justice for life |
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if: |
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(A) the actor committed the offense when younger |
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than 18 years of age; and |
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(B) it is shown on the trial of the offense that: |
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(i) the actor was restricted to the |
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operation of a motor vehicle equipped with an ignition interlock |
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device under Article 17.441, Code of Criminal Procedure, Article |
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42A.408, Code of Criminal Procedure, Section 521.246, |
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Transportation Code, or Subsection (h) of this section; and |
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(ii) during the commission of the offense |
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the actor, in violation of the order restricting the actor to the |
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operation of a motor vehicle equipped with an ignition interlock |
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device, operated a motor vehicle not equipped with the device or a |
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motor vehicle equipped with a device that the individual knew was |
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circumvented or otherwise not functioning; or |
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(3) a felony of the first degree punishable by |
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imprisonment in the Texas Department of Criminal Justice for life |
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without parole if: |
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(A) the actor committed the offense when 18 years |
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of age or older; and |
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(B) it is shown on the trial of the offense that: |
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(i) the actor was restricted to the |
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operation of a motor vehicle equipped with an ignition interlock |
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device under Article 17.441, Code of Criminal Procedure, Article |
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42A.408, Code of Criminal Procedure, Section 521.246, |
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Transportation Code, or Subsection (h) of this section; and |
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(ii) during the commission of the offense |
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the actor, in violation of the order restricting the actor to the |
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operation of a motor vehicle equipped with an ignition interlock |
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device, operated a motor vehicle not equipped with the device or a |
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motor vehicle equipped with a device that the individual knew was |
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circumvented or otherwise not functioning. |
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SECTION 2. Section 49.09(c), Penal Code, is amended by |
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adding Subdivision (5) to read as follows: |
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(5) "Ignition interlock device" has the meaning |
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assigned by Article 42A.408, Code of Criminal Procedure. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |