HBA-JLV H.B. 2250 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2250
By: Smith
Criminal Jurisprudence
77/26/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law provided that the offense of
felony driving, flying, boating, or assembling or operating an amusement
ride while intoxicated requires two prior convictions for offenses relating
to the operating of a motor vehicle, aircraft, watercraft, or assembling or
operating an amusement ride, while intoxicated.  Because of this a person
could have been convicted for causing the death of an individual while
driving while intoxicated yet only be charged for a misdemeanor DWI for a
subsequent DWI offense.  House Bill 2250 establishes that if a person has
caused the death of another individual by driving, flying, boating, or
assembling or operating an amusement ride while intoxicated, the person's
next offense is a felony, not a misdemeanor. 

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 2250 amends the Penal Code to establish that an offense of
driving, flying, boating, or assembling or operating an amusement ride
while intoxicated is a third degree felony offense if that person has
previously been convicted of intoxication manslaughter.  The bill increases
the time period in which a conviction may be used for purposes of
enhancement.  The bill prohibits the enhancement of a conviction if the
offense for which the person is being tried was committed more than 10
years after the latest of: 

 _the date on which the judgment was entered for the previous conviction;

 _the date on which the person was discharged from any period of community
supervision on which the person was placed for the previous conviction; 

 _the date on which the person successfully completed any period of parole
on which the person was released after serving a portion of the term to
which the person was sentenced for the previous conviction; or  

 _the date on which the person completed serving any term for which the
person was confined or imprisoned for the previous conviction. 

The bill provides that a conviction may be used for the purposes of
enhancement regardless of whether the conviction occurred if the conviction
was for the offense of intoxication manslaughter involving the operation of
a motor vehicle.   

EFFECTIVE DATE

September 1, 2001.