HB3207 - Relating to the prosecution and punishment of the offense of intoxication assault; increasing a criminal penalty.

  89R8866 CJD-D     By: Dean H.B. No. 3207       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of the offense of   intoxication assault; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 49.07, Penal Code, is amended to read as   follows:          Sec. 49.07.  INTOXICATION ASSAULT. (a) A person commits an   offense if the person, by accident or mistake:                (1)  while operating an aircraft, watercraft, or   amusement ride while intoxicated, or while operating a motor   vehicle in a public place while intoxicated, by reason of that   intoxication causes bodily injury or serious bodily injury to   another; or                (2)  as a result of assembling a mobile amusement ride   while intoxicated causes bodily injury or serious bodily injury to   another.          (b)  In this section, "serious bodily injury" means bodily   injury that creates a substantial risk of death or that causes   serious permanent disfigurement or protracted loss or impairment of   the function of any bodily member or organ.          (c)  Except as provided by Section 49.09, an offense under   this section is :                 (1)     a state jail felony if the actor causes bodily   injury to another; or                 (2)   a felony of the third degree if the actor causes   serious bodily injury to another .          SECTION 2.  Section 49.09(b-1), Penal Code, is 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 :                       (A)   serious bodily injury to a firefighter or   emergency medical services personnel while in the actual discharge   of an official duty; or                       (B)     bodily injury to a peace officer while the   officer was 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 peace officer or judge while the officer or judge was in the   actual discharge of an official duty.          SECTION 3.  The change in law made by this Act applies 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   covered by the law in effect when 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, 2025.