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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the punishment for certain intoxication |
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offenses and creating the criminal offense of continuous driving |
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while intoxicated. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.045(b), Penal Code, is amended to |
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read as follows: |
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(b) Except as provided by Section 49.09, an [An] offense |
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under this section is a state jail felony. |
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SECTION 2. Section 49.09, Penal Code, is amended by |
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amending Subsections (b-1) and (b-2) and adding Subsection (b-5) to |
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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 the person: |
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(A) caused serious bodily injury to a firefighter |
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or emergency medical services personnel while in the actual |
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discharge of an official duty; or |
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(B) has previously been convicted of an offense |
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under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, |
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or 49.08; 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: |
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(1) caused the death of a person described by |
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Subsection (b-1); or |
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(2) has previously been convicted of an offense under |
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Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or |
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49.08. |
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(b-5) An offense under Section 49.045 is a felony of the |
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second degree if it is shown on the trial of the offense that the |
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person has previously been convicted of an offense under Section |
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49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08. |
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SECTION 3. Chapter 49, Penal Code, is amended by adding |
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Section 49.095 to read as follows: |
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Sec. 49.095. CONTINUOUS DRIVING WHILE INTOXICATED. (a) A |
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person commits an offense if, during a period that is 12 months or |
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less in duration, the person engages two or more times in conduct |
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that constitutes an offense under Section 49.04. |
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(b) If a jury is the trier of fact, members of the jury are |
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not required to agree unanimously on which specific conduct engaged |
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in by the defendant constituted an offense under Section 49.04, the |
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exact date on which that conduct occurred, or the county in which |
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each instance of the conduct occurred. The jury must agree |
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unanimously that the defendant, during a period that is 12 months or |
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less in duration, engaged two or more times in conduct that |
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constitutes an offense under Section 49.04. |
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(c) The defendant may not be convicted in the same criminal |
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action of another offense an element of which is any conduct that is |
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alleged as an element of the offense under Subsection (a) unless the |
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other offense: |
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(1) is charged in the alternative; |
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(2) occurred outside the period in which the offense |
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alleged under Subsection (a) was committed; or |
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(3) is considered by the trier of fact to be a lesser |
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included offense of the offense alleged under Subsection (a). |
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(d) A defendant may not be charged with more than one count |
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under Subsection (a) for conduct occurring during the same period |
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described by Subsection (a). |
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(e) An offense under this section is a felony of the third |
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degree. |
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SECTION 4. 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 5. This Act takes effect September 1, 2025. |