SRC-TAG S.B. 45 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 45
78R1009 JD-DBy: Zaffirini
Criminal Justice
2/21/2003
As Filed


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.  As proposed, S.B. 45
creates a new offense,"DWI with a child," 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 16 years of age.  

   (b)  Provides that an offense under this section is a state jail felony.

SECTION 2.  Effective date:  September 1, 2003.
            Makes application of this Act prospective.