HBA-KHM, JLV, EDN H.B. 1078 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1078
By: Smith
Criminal Jurisprudence
3/19/2001
Introduced



BACKGROUND AND PURPOSE 

Statistics prove that most drunk driving deaths are caused by (1)
alcoholics, (2) repeat offenders, and (3) those who drive at a high BAC
(blood alcohol concentration) of more than 0.15 percent. Crash and motor
vehicle fatality data from the National Highway Traffic Safety
Administration show that drivers with BAC in excess of 0.15 are responsible
for 61 percent of all alcohol-related driver fatalities. Drivers with BAC's
in excess of 0.15 are only 1 percent of all drivers on weekend nights,
however, they are involved in nearly 50 percent of all fatal crashes during
that same time period. In 1999, Texas reported 1,734 alcohol-related motor
vehicle fatalities. California has 13 million more people than Texas but,
in 1999, had almost 400 fewer alcohol-related fatalities. Extremely drunk
drivers (defined as drivers with a BAC of 0.15 or above) are 385 times more
likely to be involved in a fatal crash than a non-drinking driver. However,
under current Texas law, they are treated no worse than a driver who is
arrested at the legal minimum. House Bill 1078 targets extremely drunk
drivers by effectively doubling the penalties and making jail-time
continuous for these drivers.   

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. 

ANALYSIS

House Bill 1078 amends the Penal Code to provide that it is a Class A
misdemeanor, with a minimum confinement of 30 days, if it is shown on the
trial of an offense of driving, flying, or boating while intoxicated that
an analysis of a specimen of the person's blood, breath, or urine
(analysis) shows an alcohol concentration of 0.15 or more.  It is a third
degree felony if the person has previously been convicted of an offense of
driving, flying, or boating while intoxicated.  

The bill also amends the Code of Criminal Procedure to set forth guidelines
regarding days of confinement in county jail that a judge, granting
community supervision to a defendant for an offense related to intoxication
or alcoholic beverages, shall require as a condition of community
supervision.  The bill removes the requirement for a defendant convicted of
public intoxication or consumption or possession of an alcoholic beverage
in a motor vehicle to  submit to an evaluation by a supervision officer or
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, as a condition of
community supervision.   

H.B. 1078 provides that if a person convicted of an offense of driving,
flying, boating, or assembling or operating an amusement ride while
intoxicated is placed on community supervision, the court shall require as
a condition of community supervision that the defendant have installed, on
the motor vehicle owned by the defendant or on the vehicle most regularly
driven by the defendant, a device that uses a deep-lung breath analysis
mechanism to make impractical the operation of the motor vehicle if ethyl
alcohol is detected in the breath of the operator (device) and that the
defendant not operate any motor vehicle that is not equipped with a device.
If on the trial of a person convicted of an offense of driving, flying, or
boating while  intoxicated, an analysis shows an alcohol concentration of
0.15 or more and the person  is placed on community supervision after
conviction, the court shall require as a condition of community supervision
that the defendant have a device installed on the appropriate vehicle and
that the defendant not operate any motor vehicle unless the vehicle is
equipped with a device.   
 
EFFECTIVE DATE

September 1, 2001.