85R6438 GCB-F     By: Menéndez S.B. No. 761       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, 49.07, or 49.08   [Sections 49.04-49.08], Penal Code; [or]                      (B)  under Section 49.04, 49.05, 49.06, or 49.065,   Penal Code, and, at the time of the offense, the defendant held a   commercial driver's license or a commercial learner's permit;                      (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,   49.05, 49.06, or 49.065, Penal Code, shall require the defendant as   a condition of community supervision to 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. This subsection applies regardless of whether the   defendant would be required to have an ignition interlock installed   on conviction of the offense for which deferred adjudication   community supervision is granted.          SECTION 3.  Section 411.074(b), Government Code, is amended   to read as follows:          (b)  A person may not be granted an order of nondisclosure of   criminal history record information under this subchapter and is   not entitled to petition the court for an order under this   subchapter if:                (1)  the person was convicted or placed on deferred   adjudication community supervision for or has been previously   convicted or placed on any other deferred adjudication community   supervision for:                      (A)  an offense requiring registration as a sex   offender under Chapter 62, Code of Criminal Procedure;                      (B)  an offense under Section 20.04, Penal Code,   regardless of whether the offense is a reportable conviction or   adjudication for purposes of Chapter 62, Code of Criminal   Procedure;                      (C)  an offense under Section 19.02, 19.03,   20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal   Code; or                      (D)  any other offense involving family violence,   as defined by Section 71.004, Family Code; [or]                (2)  the defendant was placed on deferred adjudication   community supervision for an offense under Section 49.04, 49.05,   49.06, or 49.065, Penal Code; or                  (3)  the court makes an affirmative finding that the   offense for which the order of nondisclosure of criminal history   record information is requested involved family violence, as   defined by Section 71.004, Family Code.          SECTION 4.  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, 49.05, 49.06, or 49.065, if the person   was placed on deferred adjudication community supervision for the   offense under Article 42A.102, Code of Criminal Procedure.          SECTION 5.  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 6.  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 7.  This Act takes effect September 1, 2017.