88R7395 CJD-D     By: Middleton S.B. No. 1310       A BILL TO BE ENTITLED   AN ACT   relating to enhancing the criminal penalty for the offense of   intoxication manslaughter in certain circumstances.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 49.09(b-2), Penal Code, is amended to   read as follows:          (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 caused the death of a person   described by Subsection (b-1);                (2)  a felony of the first degree punishable by   imprisonment in the Texas Department of Criminal Justice for life   if:                      (A)  the actor committed the offense when younger   than 18 years of age; and                      (B)  it is shown on the trial of the offense that:                            (i)  the actor was restricted to the   operation of a motor vehicle equipped with an ignition interlock   device under Article 17.441, Code of Criminal Procedure, Article   42A.408, Code of Criminal Procedure, Section 521.246,   Transportation Code, or Subsection (h) of this section; and                            (ii)  during the commission of the offense   the actor, in violation of the order restricting the actor to the   operation of a motor vehicle equipped with an ignition interlock   device, operated a motor vehicle not equipped with the device or a   motor vehicle equipped with a device that the individual knew was   circumvented or otherwise not functioning; or                (3)  a felony of the first degree punishable by   imprisonment in the Texas Department of Criminal Justice for life   without parole if:                      (A)  the actor committed the offense when 18 years   of age or older; and                      (B)  it is shown on the trial of the offense that:                            (i)  the actor was restricted to the   operation of a motor vehicle equipped with an ignition interlock   device under Article 17.441, Code of Criminal Procedure, Article   42A.408, Code of Criminal Procedure, Section 521.246,   Transportation Code, or Subsection (h) of this section; and                            (ii)  during the commission of the offense   the actor, in violation of the order restricting the actor to the   operation of a motor vehicle equipped with an ignition interlock   device, operated a motor vehicle not equipped with the device or a   motor vehicle equipped with a device that the individual knew was   circumvented or otherwise not functioning.          SECTION 2.  Section 49.09(c), Penal Code, is amended by   adding Subdivision (5) to read as follows:                (5)  "Ignition interlock device" has the meaning   assigned by Article 42A.408, Code of Criminal Procedure.          SECTION 3.  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 4.  This Act takes effect September 1, 2023.