ACM S.B. 50 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 50
By: Shapiro (Driver)
5-23-97
Committee Report (Unamended)


BACKGROUND 

Currently, when a person's driver's license is suspended upon a DWI
conviction, the penalty for driving while the license is suspended is a
Class A misdemeanor.  This bill would enhance the penalty to a state jail
felony for driving while a license is suspended for a DWI offense.  

PURPOSE

As proposed, S.B. 50, makes the penalty for driving while a driver's
license is suspended, due to certain conditions, a state jail felony. 

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 521.457, Transportation Code, by amending
Subsections (e) and (f), redesignating Subsection (g) as Subsection (h),
and adding a new Subsection (g), as follows:  

(e)  Makes conforming changes.

(f)  Provides that this subsection does not apply to an offense punishable
under Subsection (g). 

(g)  Provides that a person commits a state jail felony if it is shown on
the trial of the offense that the person's driver's license was suspended
for an offense under Section 49.04, Penal Code, for which the person was
punished under Section 49.09(b) of that code, or an offense under Section
49.07 or 49.08 of that code. 

(h) Created from existing Subsection (g).

SECTION 2.  Effective date: September 1, 1997.  
           Makes application of this Act prospective.

SECTION 3.  Emergency clause.