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  H.B. No. 1212
 
 
 
 
AN ACT
  relating to the penalties for intoxication assault and intoxication
  manslaughter and to the sentencing of defendants convicted of those
  offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Darren Medlin and
  Dwayne Freeto Act.
         SECTION 2.  Section 49.07(c), Penal Code, is amended to read
  as follows:
         (c)  Except as provided by Section 49.09, an [An] offense
  under this section is a felony of the third degree.
         SECTION 3.  Section 49.08(b), Penal Code, is amended to read
  as follows:
         (b)  Except as provided by Section 49.09, an [An] offense
  under this section is a felony of the second degree.
         SECTION 4.  Section 49.09, Penal Code, is amended by adding
  Subsections (b-1), (b-2), and (b-3) to read as follows:
         (b-1)  An offense under Section 49.07 is a felony of the
  second degree if it is shown on the trial of the offense that the
  person caused serious bodily injury to a peace officer, a
  firefighter, or emergency medical services personnel while in the
  actual discharge of an official duty.
         (b-2)  An offense under Section 49.08 is 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).
         (b-3)  For the purposes of Subsection (b-1):
               (1)  "Emergency medical services personnel" has the
  meaning assigned by Section 773.003, Health and Safety Code.
               (2)  "Firefighter" means:
                     (A)  an individual employed by this state or by a
  political or legal subdivision of this state who is subject to
  certification by the Texas Commission on Fire Protection; or
                     (B)  a member of an organized volunteer
  fire-fighting unit that:
                           (i)  renders fire-fighting services without
  remuneration; and
                           (ii)  conducts a minimum of two drills each
  month, each at least two hours long.
         SECTION 5.  The change in law made by this Act applies only
  to an offense committed on or after September 1, 2007.  An offense
  committed before September 1, 2007, 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 September 1, 2007, if any element of the
  offense was committed before that date.
         SECTION 6.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1212 was passed by the House on March
  27, 2007, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1212 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor