HBA-PDH H.B. 1101 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1101
By: Smith
Criminal Jurisprudence
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Alcohol continues to be a significant contributor to traffic fatalities and
accidents in Texas.  During 1997, 30.4 percent of all traffic fatalities
were reported to have been alcohol-related.  While the number of drivers
involved in alcohol-related traffic fatalities has declined 32 percent in
the United States over the past ten years, there has been considerably less
improvement in the record of the drunk drivers who drive with an alcohol
concentration of 0.15 or above, who have more than one drunk driving
arrest, and who have been resistant to changing this behavior despite
previous sanctions, treatment, or education efforts.   

In Texas in 1997, the average alcohol concentration result for tests
administered through the Breath Alcohol Testing Program was 0.16.  Drivers
with an alcohol concentration of 0.15 or above are considered to be at
least 200 times more likely to be involved in a fatal crash than the
average nondrinking driver.  It is estimated that while drivers with
alcohol concentrations in excess of 0.15 are only one percent of the
drivers on weekend nights, they are involved in nearly 50 percent of all
fatal crashes at that time. It is also estimated that 35 to 40 percent of
fatally injured drinking drivers have previous offenses for driving while
intoxicated.  Of those drivers, 80 percent had alcohol concentrations of at
least 0.15 and almost 60 percent had alcohol concentrations of at least
0.20. 

H.B. 1101 amends the Penal Code and the Code of Criminal Procedure to add
an enhanced penalty to the offense of driving, flying, or boating while
intoxicated if it is shown at trial that the analysis of a specimen of a
person's blood, breath, urine, or other bodily substance showed an alcohol
concentration of at least 0.15.  This bill provides the penalties and terms
of confinement. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.09, Penal Code, by adding Subsections (g) and
(h), as follows: 

(g) Provides that it is a Class A misdemeanor, with a minium term of
confinement of 90 days, if at the trial of an offense under Sections 49.04
(Driving While Intoxicated), 49.05 (Flying While Intoxicated), or 49.06
(Boating While Intoxicated), Penal Code, it is shown that an analysis of a
specimen of a person's blood, breath, or urine, or other bodily substance
showed an alcohol concentration of 0.15 or more. 

(h) Provides that it is a third degree felony if it is shown on the trial
of an offense under Sections 49.04, 49.05, or 49.06, Penal Code, that an
analysis of a specimen of a person's blood, breath, or urine, or other
bodily substance showed an alcohol concentration of 0.15 or more and the
person has previously been convicted of an offense for which the person was
punished under Subsection (g). 

SECTION 2.  Amends Sections 13(a), (b), and (i), Article 42.12, Code of
Criminal Procedure, as follows: 

 (a)  Requires a judge granting community supervision to a defendant
convicted of an offense under Chapter 49 (Intoxication and Alcoholic
Beverage Offenses), Penal Code to require as a condition of community
supervision that the defendant submit to: 

(1) at least 72 hours, rather than three days, of continuous confinement in
county jail if the defendant was punished under Section 49.09(a) (Enhanced
Offenses and Penalties), Penal Code; 

(2) at least 10 days of continuous confinement, rather than 10 days of
confinement, in county jail if the defendant was punished under Section
49.09(b), Penal Code, rather than Sections 49.09(b) or (c), Penal Code; 

(3) at least 90 days of continuous confinement in county jail, or at least
30 days of continuous confinement in county jail plus the completion of a
course of conduct for the rehabilitation of the defendant's drug or alcohol
dependence condition if the defendant was punished under Section 49.09(g)
or (h), Penal Code; 

(4)  at least 30 days of continuous confinement, rather than 30 days of
confinement, in county jail if the defendant was convicted under Section
49.07 (Intoxication Assault), Penal Code; or 

(5)  at least 120 days of continuous confinement in county jail if the
defendant was convicted under Section 49.08 (Intoxication Manslaughter),
Penal Code. 

Subdivisions (2) and (4) also contain nonsubstantive changes.

(b)  Requires a judge granting community supervision to a defendant
convicted of an offense under Sections 49.04 - 49.08, Penal Code, to
require as a condition of community supervision that the defendant submit
to an evaluation by a supervision officer or by a person, program, or
facility approved by the Texas Commission on Alcohol and Drug Abuse for the
purpose of having the facility prescribe and supervise a course of conduct
necessary for the rehabilitation of the defendant's drug or alcohol
dependence condition, rather than submitting to a period of confinement of
not less than 120 days.  

(i)  Provides that  Section 521.247 (Approval of Ignition Interlock Devices
by Department), Transportation Code, applies to the approval and the
consequences of the approval of a device installed that uses a deep-lung
breath analysis mechanism to make impractical the operation of  a motor
vehicle if ethyl alcohol is detected.  Makes conforming and nonsubstantive
changes. 

SECTION 3.Makes application of this Act prospective.

SECTION 4.Effective date: September 1, 1999.

SECTION 5.Emergency clause.