BILL ANALYSIS
H.B. 1827
By: Alexander
05-03-95
Committee Report (Unamended)
BACKGROUND
Current law, (Section 49-04, Penal Code) does not provide strong
enough penalties for DWI. Most offenders are faced with a choice
between 18 months probation and a straight conviction which
ostensibly requires 72 hours incarceration. However, due to good
time credits, prison overcrowding, and crowded court dockets, many
offenders spend only four or five hours in jail, and are released.
Those accepting probation must also take an Alcohol Awareness Class
sponsored by the Texas Commission on Alcohol and Drug Abuse
(TCADA), which has proven effective in reducing DWI recidivism.
PURPOSE
If enacted, H.B. 1827 would increase penalties for first and
subsequent DWI offenses. In addition, the bill increases penalty
enhancements for those offenders caught with an open container and
repeat offenders who plea bargain their prior cases down to
reckless driving or public intoxication. For those chronic
offenders who cannot stop drinking and driving, this bill provides
for impounding and selling of their vehicles. This provision is in
conjunction with any license revocation previously assessed.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 49.04, Penal Code (DRIVING WHILE
INTOXICATED), as follows:
(a) removes language that includes driving a motor vehicle
while intoxicated.
(b) reclassifies an offense under this section as a Class A
misdemeanor; increases the minimum term of confinement imposed
by the court from 72 hours to six days.
(c) increases the minimum term of confinement imposed by the
court for an offense under this section from six days to 12
days.
SECTION 2. Amends Section 49.09, Penal Code (ENHANCED OFFENSES AND
PENALTIES), as follows:
(a) strikes references to Sections 49.05 and 49.06 from list
of offenses included in this section; increases offense under
this section from Class A misdemeanor to state jail felony.
(b) classifies offense under this section as a Class A
misdemeanor if shown that the person has a previous
conviction; requires the court to impose a minimum term of
confinement of 15 days.
(c) specifies conviction of third offense DWI under Section
49.04; indicates that the third offense is a 3rd degree felony
; requires the court to impose a minimum term of confinement
of 90 days.
(d) classifies a third offense under Section 49.05 or 49.06 as
3rd degree felonies.
(e) renumbered; strikes language regarding driving a motor
vehicle.
(f) renumbered.
(g) renumbered.
SECTION 3. Amends Chapter 42, Code of Criminal Procedure (JUDGMENT
AND SENTENCE), by adding Articles 42.015, 42.0321, 42.038, and
42.039 as follows:
Art. 42.015. FINDING THAT OFFENSE ORIGINALLY CHARGED INVOLVED
OPERATION OF MOTOR VEHICLE IN VIOLATION OF CHAPTER 49, PENAL CODE.
(a) requires that offenses under Section 49.09, Penal Code,
that are reduced through a plea bargain are taken into account
in testimony and judgment by the court in any future DWI case
against the individual.
(b) requires the court to consider the affirmative finding
under Subsection (a) of this article if the defendant is
convicted of a subsequent offense involving the operation of
a motor vehicle.
Art. 42.0321. GOOD CONDUCT FOR CERTAIN DEFENDANTS. Prohibits any
individual sentenced to confinement under Section 49.04, Penal Code
or an offense under Section 49.07 or 49.08 from beginning to
accumulate good time credit until he/she has completed the Alcohol
Awareness Class approved by TCADA, Department of Public Safety
(DPS) and the Safety Division of Texas Department of Transportation
(TxDOT).
Art. 42.038. IMPOUNDMENT OF MOTOR VEHICLE.
(a) requires the court to impound an individual's vehicle, in
addition to the penalties prescribed by law, if a person is
convicted of DWI under Section 49.04, 49.07 or 49.08, Penal
Code and the individual has a prior conviction under these
sections.
(b) sets the duration of impoundment under this article at 270
days.
(c) requires the court to impose the cost of impoundment
against the defendant.
(d) requires the court to notify TxDOT, on a form designed and
provided by the department, of the impoundment of the
defendant's vehicle.
(e) prohibits the owner from selling or transferring title to
an impounded vehicle unless the transfer is approved by the
sentencing court and is not meant to circumvent the intent of
impoundment.
(f) indicates that impounded vehicles transferred by
foreclosure, sale on execution, cancellation of a lease or a
judicial order are released by the court from impoundment and
delivered to the new owner.
Art. 42.039. FORFEITURE OF MOTOR VEHICLE.
(a) requires the court to order a vehicle forfeited to the
state and county if the defendant was the owner of the vehicle
at the time of the offense and the time of conviction and is
convicted under Section 49.04, 49.07 or 49.08 and has two
previous convictions of a DWI offense under any of these
offenses.
(b) requires a motor vehicle forfeited under this article to
be sold at a public auction under the direction of the
sheriff; requires the proceeds of the sale to be delivered to
the county clerk and disposed of as follows:
(1) to any party holding an interest in the vehicle;
(2) one half of the balance in the county treasury; and
(3) one half of the balance in the general revenue fund.
(c) requires TxDOT to issue title to the new owner of any
vehicle auctioned under this article.
SECTION 4. Amends Section 15, Article 42.12, Code of Criminal
Procedure (COMMUNITY SUPERVISION), by adding Subsection (d-1) as
follows:
(d-1) requires the judge who places a defendant on community
supervision under Section 49.04, Penal Code and punishes under
Section 49.09(a) of that code to impose as a condition of
community supervision confinement for no less than 30 days in
a state jail facility, or a minimum of 60 days if the
defendant had an open container.
SECTION 5. Amends Chapter 498, Government Code, by adding Section
498.0031 as follows:
Sec. 498.0031. ACCRUAL OF GOOD CONDUCT TIME BY CERTAIN INMATES.
Prohibits an inmate imprisoned under Section 49.04, 49.07 or 49.08
from beginning to accumulate good time credit under Section 498.003
until the inmate successfully completes an educational program
approved by TCADA, DPS, the Safety Division of TxDOT, and the
institutional division.
SECTION 6. Amends Section 24, Chapter 173, 47th Legislature (VTCS,
Article 6687b), by amending Subsections (a) and (d) and adding
Subsection (a-2) as follows:
(a-1) requires automatic suspension of the license of any
person upon final conviction of:
(1) replaces Section 19.07 with Section 19.05.
(2) replaces Section 19.05(a)(2) with Section 49.04.
(3) replaces Article 6701l.1, Revised Statutes with
Section 49.07 or 49.08, Penal Code, if the offense
involved the operation of a motor vehicle.
(a-2) provides for permanent revocation of a driver's license
upon conviction under Section 49.04, Penal Code or the third
or subsequent conviction of an offense under Section 49.07 or
49.08 of that code.
(d) replaces the citing of Article 6701, Revised Statutes,
with Section 49.04, Penal Code and increases length of license
suspension to:
(1) 18 months; or
(2) five years if the person is punished under Section
49.09(a), Penal Code.
SECTION 7. Amends Section 34, Chapter 173, 47th Legislature
(V.T.C.S., Article 6687b), by amending Subsection (e) and adding
Subsection (h) as follows:
(e) adds Subsection (h) to the list of exceptions under this
section.
(h) classifies offense under this section, if the defendant's
driver's license was suspended under Section 24(a)(1), (2), or
(3), as:
(1) a Class A misdemeanor; or
(2) a 3rd degree felony if the defendant has a previous
conviction under this section and was punished under
Subdivision (1) of this subsection.
SECTION 8. Effective date: September 1, 1995. Changes in law
made by this Act apply only to the punishment for or the civil
consequences of a first or subsequent offense committed on or after
that date. Makes effects of the Act prospective.
SECTION 9. Emergency clause.
SUMMARY OF COMMITTEE ACTION
HB 1827 was considered in a public hearing on April 24, 1995. The
following persons testified in favor of the bill:
Kenneth L. Denson, representing the Texas Alcohol Traffic
Safety Education Association;
Terry Don Braddock, representing the Councils on Alcohol and
Drug Abuse;
Bill Lewis, representing MADD; and
Lisa Chick, Alan Fredrick Chick.
The following persons testified against the bill:
Betty Blackwell, representing the Texas Criminal Defense
Lawyers Association (TCDLA).
The following persons who testified on the bill:
Allen Ray, representing the Texas Independent Automobile
Dealers Association.
Judge Cynthia Stevens Kent, representing herself.
The bill was left pending. HB 1827 was considered in a public
hearing on May 3, 1995. HB 1827 was reported favorably without
amendment with the recommendation that it do pass and be printed,
by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.