Bill Text: TX HB3582 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the punishment for certain intoxication offenses, the conditions of bond for defendants charged with certain intoxication offenses, and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3582 Detail]

Download: Texas-2019-HB3582-Introduced.html
  86R3326 GCB-F
 
  By: Murr H.B. No. 3582
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for certain intoxication offenses and
  the eligibility for deferred adjudication community supervision of
  defendants who committed certain intoxication offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.102(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  In all other cases, the judge may grant deferred
  adjudication community supervision unless:
               (1)  the defendant is charged with an offense:
                     (A)  under Section 49.045, 49.05, 49.065, 49.07,
  or 49.08 [Sections 49.04-49.08], Penal Code; [or]
                     (B)  under Section 49.04 or 49.06, Penal Code,
  and, at the time of the offense:
                           (i)  the defendant held a commercial
  driver's license or a commercial learner's permit; or
                           (ii)  the defendant's alcohol concentration,
  as defined by Section 49.01, Penal Code, was 0.16 or more;
                     (C)  for which punishment may be increased under
  Section 49.09, Penal Code; or
                     (D)  for which punishment may be increased under
  Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
  is shown that the defendant has been previously convicted of an
  offense for which punishment was increased under any one of those
  subsections;
               (2)  the defendant:
                     (A)  is charged with an offense under Section
  21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
  victim, or a felony described by Article 42A.453(b); and
                     (B)  has previously been placed on community
  supervision for an offense under Paragraph (A);
               (3)  the defendant is charged with an offense under:
                     (A)  Section 21.02, Penal Code; or
                     (B)  Section 22.021, Penal Code, that is
  punishable under Subsection (f) of that section or under Section
  12.42(c)(3) or (4), Penal Code; or
               (4)  the defendant is charged with an offense under
  Section 19.02, Penal Code, except that the judge may grant deferred
  adjudication community supervision on determining that the
  defendant did not cause the death of the deceased, did not intend to
  kill the deceased or another, and did not anticipate that a human
  life would be taken.
         SECTION 2.  Article 42A.408, Code of Criminal Procedure, is
  amended by adding Subsection (e-1) to read as follows:
         (e-1)  A judge granting deferred adjudication community
  supervision to a defendant for an offense under Section 49.04 or
  49.06, Penal Code, shall require that the defendant as a condition
  of community supervision 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 that is not equipped with
  that device, unless the judge finds that restricting the defendant
  to the operation of a motor vehicle equipped with an ignition
  interlock device would not be in the best interest of society and
  enters that finding in the record. This subsection applies
  regardless of whether the defendant would be required to have an
  ignition interlock device installed on conviction of the offense
  for which deferred adjudication community supervision is granted.  
  If the judge determines the defendant is unable to pay for the
  ignition interlock device, the judge may impose a reasonable
  payment schedule, as provided by Subsection (f).  If the defendant
  provides the court evidence under Section 708.158, Transportation
  Code, sufficient to establish that the defendant is indigent for
  purposes of that section, the judge may enter in the record a
  finding that the defendant is indigent and reduce the costs to the
  defendant by ordering a waiver of the installation charge for the
  ignition interlock device and a 50 percent reduction of the monthly
  device monitoring fee. A reduction in costs ordered under this
  subsection does not apply to any fees that may be assessed against
  the defendant if the ignition interlock device detects ethyl
  alcohol on the breath of the person attempting to operate the motor
  vehicle.
         SECTION 3.  Section 411.072(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to a person who:
               (1)  was placed on deferred adjudication community
  supervision under Subchapter C, Chapter 42A, Code of Criminal
  Procedure, for a misdemeanor other than a misdemeanor:
                     (A)  under:
                           (i)  Section 49.04 or 49.06, Penal Code; or
                           (ii)  Chapter 20, 21, 22, 25, 42, 43, 46, or
  71, Penal Code; or
                     (B)  with respect to which an affirmative finding
  under Article 42A.105(f), Code of Criminal Procedure, or former
  Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
  in the papers of the case; and
               (2)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than a traffic offense that is punishable by fine only.
         SECTION 4.  Section 411.0725(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to a person placed on deferred
  adjudication community supervision under Subchapter C, Chapter
  42A, Code of Criminal Procedure, who:
               (1)  is not eligible to receive an order of
  nondisclosure of criminal history record information under Section
  411.072; and
               (2)  was placed on deferred adjudication community
  supervision for an offense other than an offense under Section
  49.04 or 49.06, Penal Code.
         SECTION 5.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0726 to read as follows:
         Sec. 411.0726.  PROCEDURE FOR DEFERRED ADJUDICATION
  COMMUNITY SUPERVISION; CERTAIN DRIVING WHILE INTOXICATED AND
  BOATING WHILE INTOXICATED MISDEMEANORS.  (a)  This section applies
  only to a person who was placed on deferred adjudication community
  supervision under Subchapter C, Chapter 42A, Code of Criminal
  Procedure, for a misdemeanor:
               (1)  under Section 49.04 or 49.06, Penal Code; and
               (2)  with respect to which no affirmative finding under
  Article 42A.105(f), Code of Criminal Procedure, was filed in the
  papers of the case.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person may petition the court that placed the
  person on deferred adjudication community supervision for an order
  of nondisclosure if the person:
               (1)  receives a discharge and dismissal under Article
  42A.111, Code of Criminal Procedure;
               (2)  satisfies the requirements of Section 411.074; and
               (3)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another
  offense, other than a traffic offense that is punishable by fine
  only.
         (c)  A petition for an order of nondisclosure of criminal
  history record information filed under this section must include
  evidence that the person is entitled to file the petition.
         (d)  Except as provided by Subsection (e), after notice to
  the state, an opportunity for a hearing, and a determination that
  the person is entitled to file the petition and issuance of an order
  of nondisclosure of criminal history record information is in the
  best interest of justice, the court shall issue an order
  prohibiting criminal justice agencies from disclosing to the public
  criminal history record information related to the offense giving
  rise to the deferred adjudication community supervision.
         (e)  A court may not issue an order of nondisclosure of
  criminal history record information under this section if the
  attorney representing the state presents evidence sufficient to the
  court demonstrating that the commission of the offense for which
  the order is sought resulted in a motor vehicle accident involving
  another person, including a passenger in a motor vehicle operated
  by the person seeking the order of nondisclosure.
         (f)  A person may petition the court that placed the person
  on deferred adjudication community supervision for an order of
  nondisclosure of criminal history record information under this
  section only on or after:
               (1)  the second anniversary of the date of completion
  of the deferred adjudication community supervision and the
  discharge and dismissal of the case, if the person successfully
  complied with a condition of community supervision that, for a
  period of not less than six months, restricted the person's
  operation of a motor vehicle to a motor vehicle equipped with an
  ignition interlock device; or
               (2)  the fifth anniversary of the date of completion of
  the deferred adjudication community supervision and the discharge
  and dismissal of the case, if the court that placed the person on
  deferred adjudication community supervision did not order the
  person to comply with a condition of community supervision
  described by Subdivision (1) for the period described by that
  subdivision.
         SECTION 6.  Sections 49.09(b) and (g), Penal Code, are
  amended to read as follows:
         (b)  An offense under Section 49.04, 49.045, 49.05, 49.06, or
  49.065 is a felony of the third degree if it is shown on the trial of
  the offense that the person has previously been convicted:
               (1)  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
               (2)  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.
         (g)  A conviction may be used for purposes of enhancement
  under this section or enhancement under Subchapter D, Chapter 12,
  but not under both this section and Subchapter D. For purposes of
  this section, a person is considered to have been convicted of an
  offense under Section 49.04 or 49.06 if the person was placed on
  deferred adjudication community supervision for the offense under
  Article 42A.102, Code of Criminal Procedure.
         SECTION 7.  The changes in law made by this Act to Articles
  42A.102 and 42A.408, Code of Criminal Procedure, apply only to the
  eligibility for deferred adjudication community supervision of a
  defendant for an offense committed on or after the effective date of
  this Act. The eligibility for deferred adjudication community
  supervision of a defendant for 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 8.  The changes in law made by this Act to Section
  49.09, Penal Code, 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 9.  This Act takes effect September 1, 2019.
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