HBA-PDH, NMO C.S.H.B. 1101 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1101
By: Smith
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law defines a person who has an alcohol concentration of 0.10 or
more as intoxicated.  The use of alcohol contributes significantly to
traffic fatalities and accidents in Texas.  The Department of Public Safety
(DPS) reports that 30.4 percent of all traffic fatalities were
alcohol-related in 1997. DPS also reports that the average alcohol
concentration result for tests administered through the Breath Alcohol
Testing Program in 1997 was 0.16.   

C.S.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 also provides 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), as
follows: 

(g) Provides that a person commits a Class A misdemeanor 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), it is shown that
an analysis of a specimen of the person's blood, breath, or urine, or other
bodily substance showed an alcohol concentration of 0.15 or more. 

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) to require as a condition of community supervision that
the defendant submit to: 

(1) at least three days confinement in county jail if the defendant was
punished under Section 49.09(a) (Enhanced Offenses and Penalties); 

(2) not less than five days of 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)   

(3) not less than 10 days of confinement, in county jail if the defendant
was punished under Section 49.09(b), rather than Sections 49.09(b) or (c),
except as provided by Subdivision (4);  

(4) not less than 30 days of confinement in county jail if the defendant
was: 

(A) convicted under Section 49.07 (Intoxication Assault); or
 
(B) punished under Section 49.09(g), if it is shown on the trial of the
offense that the defendant has previously been convicted of an offense for
which the defendant was punished under Section 49.09(g); or 

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

Redesignates existing language of Subdivision (2) that requires the
defendant to submit to a rehabilitation evaluation to Subsection (b).
Makes conforming changes. 

(b)  Requires a judge granting community supervision to a defendant
convicted of an offense under Sections 49.04-49.08, rather than 49.08, 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) Makes conforming and nonsubstantive changes.

SECTION 3.Makes application of this Act prospective.

SECTION 4.Effective date: September 1, 1999.

SECTION 5.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 (Section 49.09, Penal
Code) by removing proposed Subsection (h), that would have provided that it
is a third degree felony if it is shown on the trial of an offense under
Sections 49.04 (Driving While Intoxicated), 49.05 (Flying While
Intoxicated), or 49.06 (Boating While Intoxicated), 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).  Deletes from proposed Subsection (g) language that
specifies the minimum term of confinement as 90 days.  

The substitute differs from the original in SECTION 2 (Sections 13(a), (b),
and (i), Article 42.12, Code of Criminal Procedure), as follows: 

Modifies Subsection (a)(1) by removing proposed amendments that would have
replaced "three days" with "72 hours", and "confinement" with "continuous
confinement."  

Adds a new Subsection (a)(2) that requires a judge granting community
supervision to a defendant convicted of an offense under Chapter 49
(Intoxication and Alcoholic Beverage Offenses) to require the defendant as
a condition of community supervision to submit to not less than five days
of 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). 

Redesignates proposed Subsection (a)(2) as Subsection (a)(3) and modifies
it by making conforming changes.  Removes proposed Subsection (a)(3) that
would have required a judge granting community supervision to a defendant
convicted of an offense under Chapter 49 to require the defendant as a
condition of community supervision to submit to 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. 
 
Modifies Subsection (a)(4) by adding paragraph (B) to require a judge
granting community supervision to a defendant convicted of an offense under
Chapter 49 to require the defendant as a condition of community supervision
to submit to not less than 30 days of confinement in county jail if the
defendant was punished under Section 49.09(g), if it is shown on the trial
of the offense that the defendant has previously been convicted of an
offense for which the defendant was punished under Section 49.09(g).  Makes
conforming changes. 

Modifies Subsection (a)(5) by making a conforming change.

Modifies Subsection (i) to make a conforming change.