Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB1245 by Hopson (Relating to the enforcement of the condition for release on bond of a defendant charged with certain intoxication offenses that requires the use of a motor vehicle ignition interlock device; providing penalties.), As Introduced
The provision of the bill that is the subject of this analysis would amend the Penal Code by creating the offense of operating a motor vehicle without a device to prevent driving under the influence of alcohol. A person would commit a Class B misdemeanor if a person released on bond by a magistrate operates a motor vehicle that is not equipped with an ignition interlock device and is forbidden to operate any vehicle unless the vehicle is equipped with such a device. The offense would be enhanced to a state jail felony if the person were released on bond for a felony offense. The offense would be further enhanced to either a felony of the third degree, or a felony of the second degree, depending on the number of previous convictions for the offense.
A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days, a fine not to exceed $2,000, or both fine and confinement.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or in addition to confinement, a fine not to exceed $10,000.
A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or in addition to confinement, a fine not to exceed $10,000.
A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or in addition to confinement, a fine not to exceed $10,000.
Establishing new offenses or increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of the State due to longer terms of probation or longer terms of confinement in prison. In addition, the enhancement of a penalty for an offense from a misdemeanor to a felony represents a shift in responsibility from local government to the State in dealing with incarceration expenses. The impact of the bill would depend on the number of persons caught and convicted of the offense; however, in the case of this bill, the increased workload and demand for resources would probably not be substantial.