HBA-PDH, NMO C.S.H.B. 1101 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1101 By: Smith Criminal Jurisprudence 4/26/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law defines a person who has an alcohol concentration of 0.10 or more as intoxicated. The use of alcohol contributes significantly to traffic fatalities and accidents in Texas. The Department of Public Safety (DPS) reports that 30.4 percent of all traffic fatalities were alcohol-related in 1997. DPS also reports that the average alcohol concentration result for tests administered through the Breath Alcohol Testing Program in 1997 was 0.16. C.S.H.B. 1101 amends the Penal Code and the Code of Criminal Procedure to add an enhanced penalty to the offense of driving, flying, or boating while intoxicated if it is shown at trial that the analysis of a specimen of a person's blood, breath, urine, or other bodily substance showed an alcohol concentration of at least 0.15. This bill also provides penalties and terms of confinement. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 49.09, Penal Code, by adding Subsections (g), as follows: (g) Provides that a person commits a Class A misdemeanor if at the trial of an offense under Sections 49.04 (Driving While Intoxicated), 49.05 (Flying While Intoxicated), or 49.06 (Boating While Intoxicated), it is shown that an analysis of a specimen of the person's blood, breath, or urine, or other bodily substance showed an alcohol concentration of 0.15 or more. SECTION 2. Amends Sections 13(a), (b), and (i), Article 42.12, Code of Criminal Procedure, as follows: (a) Requires a judge granting community supervision to a defendant convicted of an offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses) to require as a condition of community supervision that the defendant submit to: (1) at least three days confinement in county jail if the defendant was punished under Section 49.09(a) (Enhanced Offenses and Penalties); (2) not less than five days of confinement in county jail plus the completion of a course of conduct for the rehabilitation of the defendant's drug or alcohol dependence condition, if the defendant was punished under Section 49.09(g) (3) not less than 10 days of confinement, in county jail if the defendant was punished under Section 49.09(b), rather than Sections 49.09(b) or (c), except as provided by Subdivision (4); (4) not less than 30 days of confinement in county jail if the defendant was: (A) convicted under Section 49.07 (Intoxication Assault); or (B) punished under Section 49.09(g), if it is shown on the trial of the offense that the defendant has previously been convicted of an offense for which the defendant was punished under Section 49.09(g); or (5) at least 120 days of confinement in county jail if the defendant was convicted under Section 49.08 (Intoxication Manslaughter). Redesignates existing language of Subdivision (2) that requires the defendant to submit to a rehabilitation evaluation to Subsection (b). Makes conforming changes. (b) Requires a judge granting community supervision to a defendant convicted of an offense under Sections 49.04-49.08, rather than 49.08, to require as a condition of community supervision that the defendant submit to an evaluation by a supervision officer or by a person, program, or facility approved by the Texas Commission on Alcohol and Drug Abuse for the purpose of having the facility prescribe and supervise a course of conduct necessary for the rehabilitation of the defendant's drug or alcohol dependence condition, rather than submitting to a period of confinement of not less than 120 days. (i) Makes conforming and nonsubstantive changes. SECTION 3.Makes application of this Act prospective. SECTION 4.Effective date: September 1, 1999. SECTION 5.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original in SECTION 1 (Section 49.09, Penal Code) by removing proposed Subsection (h), that would have provided that it is a third degree felony if it is shown on the trial of an offense under Sections 49.04 (Driving While Intoxicated), 49.05 (Flying While Intoxicated), or 49.06 (Boating While Intoxicated), that an analysis of a specimen of a person's blood, breath, or urine, or other bodily substance showed an alcohol concentration of 0.15 or more and the person has previously been convicted of an offense for which the person was punished under Subsection (g). Deletes from proposed Subsection (g) language that specifies the minimum term of confinement as 90 days. The substitute differs from the original in SECTION 2 (Sections 13(a), (b), and (i), Article 42.12, Code of Criminal Procedure), as follows: Modifies Subsection (a)(1) by removing proposed amendments that would have replaced "three days" with "72 hours", and "confinement" with "continuous confinement." Adds a new Subsection (a)(2) that requires a judge granting community supervision to a defendant convicted of an offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses) to require the defendant as a condition of community supervision to submit to not less than five days of confinement in county jail plus the completion of a course of conduct for the rehabilitation of the defendant's drug or alcohol dependence condition, if the defendant was punished under Section 49.09(g). Redesignates proposed Subsection (a)(2) as Subsection (a)(3) and modifies it by making conforming changes. Removes proposed Subsection (a)(3) that would have required a judge granting community supervision to a defendant convicted of an offense under Chapter 49 to require the defendant as a condition of community supervision to submit to at least 90 days of continuous confinement in county jail, or at least 30 days of continuous confinement in county jail plus the completion of a course of conduct for the rehabilitation of the defendant's drug or alcohol dependence condition if the defendant was punished under Section 49.09(g) or (h), Penal Code. Modifies Subsection (a)(4) by adding paragraph (B) to require a judge granting community supervision to a defendant convicted of an offense under Chapter 49 to require the defendant as a condition of community supervision to submit to not less than 30 days of confinement in county jail if the defendant was punished under Section 49.09(g), if it is shown on the trial of the offense that the defendant has previously been convicted of an offense for which the defendant was punished under Section 49.09(g). Makes conforming changes. Modifies Subsection (a)(5) by making a conforming change. Modifies Subsection (i) to make a conforming change.