AEZ H.B. 43 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE H.B. 43 By: McCall 4-9-97 Committee Report (Amended) BACKGROUND Motorists continue to illegally drive without a license or with suspended or revoked driver's licenses. Court and peace officers need another means to better enforce the laws that pertain to transportation safety. PURPOSE HB 43, as proposed, would provide that persons who are convicted of driving without a driver's license or with a suspended or revoked driver's license will have their vehicle impounded for a minimum of thirty days. 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 Chapter 42, Code of Criminal Procedure, by adding Article 42.038, Person Convicted of Driving Without Driver's License or While Driver's License Suspended or Revoked: Impoundment of Motor Vehicle. (a) Allows for the impoundment of the vehicle driven by a person who has twice been convicted of driving without a driver's license or of driving with a suspended or revoked driver's license. (b) Sets out the duration of an impoundment as thirty days and provides for a court-imposed cost to the defendant of $15 per day for the impoundment. (c) Allows for the transfer of title of an impounded vehicle if the court finds that the transfer is made in good faith by the owner or when title is transferred by means of foreclosure, sale on execution, cancellation of a conditional sales contract or judicial order. (d) Allows a sheriff who impounds a vehicle to release the vehicle upon receipt of a court order of release and full payment for the impoundment costs. Allows a sheriff to release an impounded vehicle to a secured creditor who presents a certificate of title with notation of the lien and an accompanying affidavit that establishes that the loan secured by the motor vehicle is in default or has matured. (e) Under this bill, a court will not consider a person's previous conviction if it was received more than ten years before the date of the offense for which the person is being tried. SECTION 2: Effective Date: September 1, 1997. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. SECTION 3: Emergency Clause EXPLANATION OF AMENDMENTS The amendment deletes references to driving without a license from the impoundment of a motor vehicle.