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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 assault 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) and (b-2), 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 second degree if it is shown on the |
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trial of the offense that: |
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(A) the person caused serious bodily injury to a |
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firefighter or emergency medical services personnel while in the |
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actual discharge of an official duty; or |
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(B) the person has previously been convicted: |
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(i) one time of an offense under Section |
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49.07 or 49.08 or an offense under the laws of another state if the |
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offense contains elements that are substantially similar to the |
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elements of an offense under Section 49.07 or 49.08; or |
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(ii) two times of any other offense |
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relating to the operating of a motor vehicle while intoxicated, |
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operating an aircraft while intoxicated, operating a watercraft |
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while intoxicated, or operating or assembling an amusement ride |
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while intoxicated; 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-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 caused the death of a person described by Subsection |
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(b-1)(1)(A) or (2) [(b-1)]. |
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SECTION 2. 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 3. This Act takes effect September 1, 2025. |