second DWI becomes a felony, school zones worse

The text as introduced · 1,499 words

90R1871 CJD-F

By: Perez of El Paso
H.B. No. 746

A BILL TO BE ENTITLED

AN ACT

relating to increasing the criminal penalties for certain

intoxication offenses.

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

SECTION 1. Section 12.44, Penal Code, is amended by

amending Subsection (a) and adding Subsection (c) to read as

follows:

(a) Except as provided by Subsection (c), a [ A ] court may

punish a defendant who is convicted of a state jail felony by

imposing the confinement permissible as punishment for a Class A

misdemeanor if, after considering the gravity and circumstances of

the felony committed and the history, character, and rehabilitative

needs of the defendant, the court finds that such punishment would

best serve the ends of justice.

(c) A court may not punish under Subsection (a) of this

section a defendant convicted of an offense under Chapter 49 and

punished under Section 49.09(a).

SECTION 2. Section 49.09, Penal Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) Except as provided by Subsections (a-1) and

[ Subsection ] (b), an offense under Section 49.04, 49.05, 49.06, or

49.065 is a state jail felony [ Class A misdemeanor, with a minimum

term of confinement of 30 days, ] if it is shown on the trial of the

offense that the person has previously been convicted one time of an

offense relating to the operating of a motor vehicle while

intoxicated, an offense of operating an aircraft while intoxicated,

an offense of operating a watercraft while intoxicated, or an

offense of operating or assembling an amusement ride while

intoxicated.

(a-1) An offense under Section 49.04 or 49.045 is a felony

of the third degree if it is shown on the trial of the offense that:

(1) at the time of the offense the person was operating

the motor vehicle in a school crossing zone during the time the

reduced speed limit applies to the zone; and

(2) the person has previously been convicted one time

of an offense relating to the operating of a motor vehicle while

intoxicated, an offense of operating an aircraft while intoxicated,

an offense of operating a watercraft while intoxicated, or an

offense of operating or assembling an amusement ride while

intoxicated.

SECTION 3. Section 49.09(c), Penal Code, is amended by

adding Subdivision (5) to read as follows:

(5) "School crossing zone" has the meaning assigned by

Section 541.302, Transportation Code.

SECTION 4. Article 42A.401(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A judge granting community supervision to a defendant

convicted of an offense under Chapter 49, Penal Code, shall require

as a condition of community supervision that the defendant submit

to:

(1) not less than 72 hours of continuous confinement

in county jail if the defendant was punished under Section

49.09(a), Penal Code;

(2) not less than five days of confinement in county

jail if the defendant was punished under Section 49.09(a), Penal

Code, and was subject to Section 49.09(h), Penal Code;

(3) not less than 10 days of confinement in county jail

if the defendant was punished under Section 49.09(a-1) or (b)

[ 49.09(b) ], Penal Code;

(4) not less than 30 days of confinement in county jail

if the defendant was convicted of an offense under Section 49.07,

Penal Code; or

(5) a term of confinement of not less than 120 days if

the defendant was convicted of an offense under Section 49.08,

Penal Code.

SECTION 5. Articles 42A.407(a) and (b), Code of Criminal

Procedure, are amended to read as follows:

(a) A jury that recommends community supervision for a

defendant convicted of an offense under Sections 49.04-49.08, Penal

Code, may recommend that any driver's license issued to the

defendant under Chapter 521, Transportation Code, not be suspended.

This subsection does not apply to a defendant punished under

Section 49.09(a) , (a-1), or (b), Penal Code, and subject to Section

49.09(h), Penal Code.

(b) Notwithstanding Sections 521.344(d)-(i),

Transportation Code, if under Article 42A.404 the judge requires a

defendant punished under Section 49.09, Penal Code, to successfully

complete an educational program as a condition of community

supervision, or waives the required completion of the program, and

the defendant has previously been required to successfully complete

such an educational program, or the required completion of the

program had been waived, the judge shall order the suspension of the

defendant's driver's license for a period determined by the judge

according to the following schedule:

(1) not less than 90 days or more than one year, if the

defendant is convicted under Sections 49.04-49.08, Penal Code;

(2) not less than 180 days or more than two years, if

the defendant is punished under Section 49.09(a) , (a-1), or (b),

Penal Code; or

(3) not less than one year or more than two years, if

the defendant is convicted of a second or subsequent offense under

Sections 49.04-49.08, Penal Code, committed within five years of

the date on which the most recent preceding offense was committed.

SECTION 6. Article 42A.408(c), Code of Criminal Procedure,

is amended to read as follows:

(c) The court shall require as a condition of community

supervision that a defendant described by Subsection (b) have an

ignition interlock device installed on the motor vehicle owned by

the defendant or on the vehicle most regularly driven by the

defendant and that the defendant not operate any motor vehicle

unless the vehicle is equipped with that device if:

(1) it is shown on the trial of the offense that an

analysis of a specimen of the defendant's blood, breath, or urine

showed an alcohol concentration level of 0.15 or more at the time

the analysis was performed;

(2) the defendant is placed on community supervision

after conviction of an offense under Sections 49.04-49.061, Penal

Code, for which the defendant is punished under Section 49.09(a) ,

(a-1), or (b), Penal Code; or

(3) the court determines under Subsection (d) that the

defendant has one or more previous convictions under Sections

49.04-49.08, Penal Code.

SECTION 7. Sections 521.344(a) and (d), Transportation

Code, are amended to read as follows:

(a) Except as provided by Sections 521.342(b) and 521.345,

and by Subsections (d)-(i), if a person is convicted of an offense

under Section 49.04, 49.045, or 49.07, Penal Code, the license

suspension:

(1) begins on a date set by the court that is not

earlier than the date of the conviction or later than the 30th day

after the date of the conviction, as determined by the court; and

(2) continues for a period set by the court according

to the following schedule:

(A) not less than 90 days or more than one year,

if the person is punished under Section 49.04, 49.045, or 49.07,

Penal Code, except that if the person's license is suspended for a

second or subsequent offense under Section 49.07 committed within

five years of the date on which the most recent preceding offense

was committed, the suspension continues for a period of one year;

(B) not less than 180 days or more than two years,

if the person is punished under Section 49.09(a) , (a-1), or (b),

Penal Code; or

(C) not less than one year or more than two years,

if the person is punished under Section 49.09(a) , (a-1), or (b),

Penal Code, and is subject to Section 49.09(h) of that code.

(d) Except as provided by Subsection (e) and Section

521.342(b), during a period of probation the department may not

revoke the person's license if the person is required under Article

42A.403 or 42A.404, Code of Criminal Procedure, to successfully

complete an educational program designed to rehabilitate persons

who have operated motor vehicles while intoxicated, unless the

person was punished under Section 49.09(a) , (a-1), or (b), Penal

Code, and was subject to Section 49.09(h) of that code. The

department may not revoke the license of a person:

(1) for whom the jury has recommended that the license

not be revoked under Article 42A.407(a), Code of Criminal

Procedure; or

(2) who is placed under community supervision under

Chapter 42A, Code of Criminal Procedure, and is required as a

condition of community supervision to not operate a motor vehicle

unless the vehicle is equipped with the device described by Article

42A.408 of that chapter, unless the person was punished under

Section 49.09(a) , (a-1), or (b), Penal Code, and was subject to

Section 49.09(g) of that code.

SECTION 8. 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 was committed before that

date.

SECTION 9. This Act takes effect September 1, 2027.