C.S.H.B. 90 78(R)    BILL ANALYSIS


C.S.H.B. 90
By: McClendon
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

This bill arises out of an incident that occurred in New Jersey in 2000.
It is intended to prevent what happened in New Jersey from ever happening
in Texas. Michael Pangle was arrested in Salem, New Jersey  in July 2000
for driving while intoxicated. He had over a .26 blood alcohol level when
he was arrested. For some reason, the police allowed Mr. Pangle to be
released from the state police station to his friend, Kenneth Powell,
shortly after the arrest. Mr. Powell then took Mr. Pangle back to his
vehicle still intoxicated and Mr. Pangle drove his own vehicle away. Less
than an hour later, Mr. Pangle crossed a center line and drove head-on
into another vehicle, killing the driver of the other car, Navy Ensign
John R. Elliott, and himself. 

Mr. Pangle had a .26 blood alcohol level when he died. The New Jersey
Police responded by charging the friend, Mr. Powell, with vehicular
homicide for letting Mr. Pangle get back in his car. The case received
national attention and ended in a mistrial. Oddly, no one seemed to ask
the question why such an extremely intoxicated person was ever released
from police custody, where he and the public were safe? 

C.S.H.B. 90 would prevent this kind of incident from ever happening in
Texas by prohibiting a person from being released on bail for an
intoxication-related offense until the law enforcement agency holding the
person determines that the person is no longer intoxicated.  That
determination can be made by the same means that were used to determine
that the person was intoxicated in the first place.  

An average person will "burn off" about .04% blood alcohol level an hour.
At that rate, most people are very sober by the time they are processed
and bail is arranged. But, for people who are very heavily intoxicated at
the time of their arrest, this bill will ensure that they are given
sufficient time to "sober up" before they are released back on to the
streets. 

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. 

ANALYSIS

C.S.H.B. 90 amends the Code of Criminal Procedure, to require that, before
a person can be released on bail for an offense under Chapter 49, Penal
Code, (Intoxication and Alcoholic Beverage Offenses), the law enforcement
agency holding the person must determine that the person is no longer
intoxicated. 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by conforming to Texas
Legislative Council style and format.