SRC-JJJ S.B. 388 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 388
76R3706 JD-DBy: Lucio
Criminal Justice
3/8/1999
As Filed


DIGEST 

Currently, Texas law requires a term of confinement for 72 hours and a
90-day license suspension for a person who refuses to submit to the taking
of a specimen as a result of driving while intoxicated.  This bill would
require a mandatory five-day jail sentence and an automatic one-year
license suspension for a person who refuses to submit to the taking of a
specimen as a result of driving while intoxicated. 

PURPOSE

As proposed, S.B. 388 establishes criminal consequences of driving while
intoxicated and civil consequences of failure to submit to the taking of a
blood, breath, or urine specimen for analysis to determine intoxication. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.04, Penal Code, by amending Subsection (b)
and adding Subsection (d), to establish that an offense under this section
is a Class B misdemeanor with a minimum term of confinement of five days if
the defendant was arrested, was requested by a police officer to submit
specimens for a drug or alcohol test, and the defendant refused.  

SECTION 2.  Amends Section 724.015, Transportation Code, to increase the
amount of time a person's license to operate a motor vehicle is suspended
from 90 days to one year for refusing to submit to the taking of a
specimen.  Establishes that if a person refuses to consent to the taking of
the specimen, and the person is subsequently prosecuted and convicted as a
result of the  arrest for an offense under Section 49.04, Penal Code,  the
minimum term of confinement  for the offense is increased from 72 hours to
five days.  Deletes text regarding the amount of time a person's license is
automatically suspended as a result of an arrest for refusing to submit to
the taking of a specimen. Makes a conforming change. 

SECTION 3.  Amends Section 724.035, Transportation Code, to delete text
regarding the period of suspension or denial of a person's motor vehicle
license.  Makes conforming changes. 

SECTION 4.  Amends Section 724.043(a), to make a conforming change.

SECTION 5.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 6.  Emergency clause.