SRC-AMY S.B. 45 78(R) BILL ANALYSIS
Senate Research CenterS.B. 45
By: Zaffirini
Criminal Justice
8/15/2003
Enrolled
DIGEST AND PURPOSE
Under current Texas law, a person who is driving while intoxicated (DWI)
and has a child in the motor vehicle can be charged with child
endangerment. However the DWI, the lesser charge, will not be prosecuted,
because child endangerment is a state felony. S.B. 45 creates a new
offense, "DWI with child passenger," as a state jail felony.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 49, Penal Code, by adding Section 49.045, as
follows:
Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.
(a) Provides that a person commits an offense if the person
is intoxicated while
operating a motor vehicle in a public place and the vehicle
being operated by the person is occupied by a passenger who is younger
than 15 years of age.
(b) Provides that an offense under this section is a state jail felony.
SECTION 2. Amends Section 49.09(c)(1), Penal Code, to include a reference
to Section 49.045.
SECTION 3. Amends Section 49.10, Penal Code, to make a conforming change.
SECTION 4. Effective date: September 1, 2003.
Makes application of this Act prospective.