HBA-PDH H.B. 1101 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1101 By: Smith Criminal Jurisprudence 2/24/1999 Introduced BACKGROUND AND PURPOSE Alcohol continues to be a significant contributor to traffic fatalities and accidents in Texas. During 1997, 30.4 percent of all traffic fatalities were reported to have been alcohol-related. While the number of drivers involved in alcohol-related traffic fatalities has declined 32 percent in the United States over the past ten years, there has been considerably less improvement in the record of the drunk drivers who drive with an alcohol concentration of 0.15 or above, who have more than one drunk driving arrest, and who have been resistant to changing this behavior despite previous sanctions, treatment, or education efforts. In Texas in 1997, the average alcohol concentration result for tests administered through the Breath Alcohol Testing Program was 0.16. Drivers with an alcohol concentration of 0.15 or above are considered to be at least 200 times more likely to be involved in a fatal crash than the average nondrinking driver. It is estimated that while drivers with alcohol concentrations in excess of 0.15 are only one percent of the drivers on weekend nights, they are involved in nearly 50 percent of all fatal crashes at that time. It is also estimated that 35 to 40 percent of fatally injured drinking drivers have previous offenses for driving while intoxicated. Of those drivers, 80 percent had alcohol concentrations of at least 0.15 and almost 60 percent had alcohol concentrations of at least 0.20. 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 provides the 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) and (h), as follows: (g) Provides that it is a Class A misdemeanor, with a minium term of confinement of 90 days, 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), Penal Code, it is shown 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. (h) Provides that it is a third degree felony if it is shown on the trial of an offense under Sections 49.04, 49.05, or 49.06, Penal Code, 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). 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), Penal Code to require as a condition of community supervision that the defendant submit to: (1) at least 72 hours, rather than three days, of continuous confinement in county jail if the defendant was punished under Section 49.09(a) (Enhanced Offenses and Penalties), Penal Code; (2) at least 10 days of continuous confinement, rather than 10 days of confinement, in county jail if the defendant was punished under Section 49.09(b), Penal Code, rather than Sections 49.09(b) or (c), Penal Code; (3) 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; (4) at least 30 days of continuous confinement, rather than 30 days of confinement, in county jail if the defendant was convicted under Section 49.07 (Intoxication Assault), Penal Code; or (5) at least 120 days of continuous confinement in county jail if the defendant was convicted under Section 49.08 (Intoxication Manslaughter), Penal Code. Subdivisions (2) and (4) also contain nonsubstantive changes. (b) Requires a judge granting community supervision to a defendant convicted of an offense under Sections 49.04 - 49.08, Penal Code, 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) Provides that Section 521.247 (Approval of Ignition Interlock Devices by Department), Transportation Code, applies to the approval and the consequences of the approval of a device installed that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected. Makes conforming and nonsubstantive changes. SECTION 3.Makes application of this Act prospective. SECTION 4.Effective date: September 1, 1999. SECTION 5.Emergency clause.