bill raising intoxication assault penalties for certain victims

The text as introduced · 1,013 words

By: Reynolds
H.B. No. 3193

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for intoxication assault and

intoxication manslaughter; changing eligibility for mandatory

supervision, parole, and community supervision; increasing

criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 42A, Code of Criminal

Procedure, is amended by adding Article 42A.060 to read as follows:

Art. 42A.060. PLACEMENT ON COMMUNITY SUPERVISION

PROHIBITED FOR CERTAIN INTOXICATION MANSLAUGHTER OFFENSES.

Notwithstanding any other provision of this chapter, a defendant is

not eligible for community supervision under this chapter if the

defendant is convicted of an offense under Section 49.08, Penal

Code, for which the punishment was increased under Section

49.09(b-2)(2), Penal Code.

SECTION 2. Section 508.145(a), Government Code, is amended

to read as follows:

(a) An inmate is not eligible for release on parole if the

inmate is under sentence of death, serving a sentence of life

imprisonment without parole, or serving a sentence for any of the

following offenses under the Penal Code:

(1) Section 20A.03, if the offense is based partly or

wholly on conduct constituting an offense under Section

20A.02(a)(5), (6), (7), or (8);

(2) Section 21.02;

(3) Section 22.021, if the offense is punishable under

Subsection (f) of that section;

(3-a) Section 49.08, if the offense was punished under

Section 49.09(b-2)(2); or

(4) Section 51.03 or 51.04.

SECTION 3. Section 508.149(a), Government Code, is amended

to read as follows:

(a) An inmate may not be released to mandatory supervision

if the inmate is serving a sentence for or has been previously

convicted of:

(1) an offense for which the judgment contains an

affirmative finding under Article 42A.054(c) or (d), Code of

Criminal Procedure;

(2) a first degree felony or a second degree felony

under Section 19.02, Penal Code;

(3) a capital felony under Section 19.03, Penal Code;

(4) a first degree felony or a second degree felony

under Section 20.04, Penal Code;

(5) an offense under Section 21.11, Penal Code;

(6) a felony under Section 22.011, Penal Code;

(7) a first degree felony or a second degree felony

under Section 22.02, Penal Code;

(8) a first degree felony under Section 22.021, Penal

Code;

(9) a first degree felony under Section 22.04, Penal

Code;

(10) a first degree felony under Section 28.02, Penal

Code;

(11) a second degree felony under Section 29.02, Penal

Code;

(12) a first degree felony under Section 29.03, Penal

Code;

(13) a first degree felony under Section 30.02, Penal

Code;

(14) a felony for which the punishment is increased

under Section 481.134 or 481.140, Health and Safety Code;

(15) an offense under Section 43.25, Penal Code;

(16) an offense under Section 21.02, Penal Code;

(17) a first degree felony under Section 15.03, Penal

Code;

(18) an offense under Section 43.05, Penal Code;

(19) an offense under Section 20A.02, Penal Code;

(20) an offense under Section 20A.03, Penal Code;

(21) a first degree felony under Section 71.02 or

71.023, Penal Code;

(22) an offense under Section 481.1123, Health and

Safety Code, punished under Subsection (d), (e), or (f) of that

section;

(23) a second degree felony under Section 22.01, Penal

Code; [ or ]

(24) an offense under Section 22.01, Penal Code,

punished under Subsection (b)(2), (7), or (8) of that section ; or

(25) an offense under Section 49.08, Penal Code, for

which the punishment was increased under Section 49.09(b-2)(2),

Penal Code .

SECTION 4. Sections 49.09(b-1) and (b-2), Penal Code, are

amended to read as follows:

(b-1) An offense under Section 49.07 is:

(1) a felony of the second degree if it is shown on the

trial of the offense that the person caused serious bodily injury to

a child younger than 10 years of age [ firefighter or emergency

medical services personnel while in the actual discharge of an

official duty ]; or

(2) a felony of the first degree if it is shown on the

trial of the offense that the person caused serious bodily injury to

a firefighter, emergency medical services personnel, peace

officer , [ or ] judge , or prosecutor while the firefighter, emergency

medical services personnel, officer , [ or ] judge , or prosecutor was

in the actual discharge of an official duty.

(b-2) An offense under Section 49.08 is :

(1) a felony of the first degree if it is shown on the

trial of the offense that the person:

(A) has previously been convicted:

(i) one time of an offense under Section

49.08 or an offense under the laws of another state if the offense

contains elements that are substantially similar to the elements of

an offense under Section 49.08; or

(ii) two times of any other offense

relating to the operating of a motor vehicle while intoxicated,

operating an aircraft while intoxicated, operating a watercraft

while intoxicated, or operating or assembling an amusement ride

while intoxicated; or

(B) caused the death of:

(i) a child younger than 10 years of age; or

(ii) more than one individual during the

same criminal transaction; or

(2) a felony of the first degree with a minimum term of

confinement of 15 years if it is shown on the trial of the offense

that the person caused the death of a person described by Subsection

(b-1)(2) [ (b-1) ].

SECTION 5. Section 49.09(c), Penal Code, is amended by

adding Subdivision (5) to read as follows:

(5) "Prosecutor" means a county attorney, district

attorney, criminal district attorney, assistant county attorney,

assistant district attorney, or assistant criminal district

attorney.

SECTION 6. The changes in law made by this Act apply only to

an offense committed on or after the effective date of this Act. An

offense committed before the effective date of this Act is governed

by the law in effect on the date the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 7. This Act takes effect September 1, 2025.