HBA-AMW C.S.H.B. 314 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 314
By: Allen
Criminal Jurisprudence
4/12/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In 1998, Texas led the nation in the number of alcohol-related traffic
fatalities and nearly half of all traffic fatalities in Texas were
alcohol-related.  Under current law, if an individual is convicted of a
third DWI within 10 years of the date the previous offense was committed
the offense is increased to a third degree felony.  However, the 10-year
period begins with the individual's incarceration and could be partially or
completely executed during the individual's confinement.  C.S.H.B. 314
modifies the 10-year time period to begin after the individual's sentence
is completely discharged and authorizes a previous conviction of
intoxication manslaughter to be used for the purposes of enhancement
regardless of when the conviction occurred. 

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

C.S.H.B. 314 amends the Penal Code to authorize the use of a previous
conviction of intoxication manslaughter for the purposes of enhancement
regardless of when the conviction occurred.  If a person is being tried for
driving while intoxicated, a conviction for driving, flying, boating, or
assembling or operating an amusement ride while intoxicated, intoxication
assault, or intoxication manslaughter that occurred on or after September
1, 1994, is authorized to be used  for the purposes of enhancement only if
the offense for which the person is being tried was committed within 10
years of the latest date of: 

 _the date on which the previous offense was committed;  
 
 _the date on which the person was discharged from any period of community
supervision to which the person was placed for the previous offense;   
 
 _the date on which the person successfully completed any period of parole
to which the person was released after serving a portion of the term to
which the person was sentenced for the previous offense; or  
 
 _the date on which the person completed serving any term to which the
person was confined or imprisoned for the previous offense.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 314 differs from the original bill by authorizing a conviction for
certain intoxication offenses to be  used  for purposes of enhancement only
if the conviction was a final conviction and the offense for which the
person is being tried was committed within 10 years of the latest of
specified dates, rather than prohibiting such a conviction from being used
for such purposes if the conviction was a final conviction and the offense
for which the person is being tried was committed 10 years before the
latest of specified dates.