Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB2432 by Smith, Todd (Relating to defendant's eligibility to be placed on deferred adjudication for certain intoxication offenses and to the consequences of that deferred adjudication.), As Introduced
Under current statute, certain intoxication offenses (Sections 49.04 – 49.08, Penal Code) are ineligible for placement on deferred adjudication. Under the provisions of the bill, Driving While Intoxicated (Section 49.04, Penal Code), Driving while Intoxicated with a Child Passenger (Section 49.045, Penal Code), Flying while Intoxicated (Section 49.05, Penal Code), Boating while Intoxicated (Section 49.06, Penal Code), and Assembling or Operating an Amusement Ride while Intoxicated (Section 49.065, Penal Code) would be eligible for placement on deferred adjudication. Section 49.09, Penal Code enhances the penalty for certain intoxication offenses if the defendant has previously been convicted of being intoxicated while 1) operating a motor vehicle, 2) an aircraft, 3) a watercraft, or 4) operating or assembling an amusement ride. Under the provisions of the bill penalties would be enhanced based on previous convictions or previous placements on deferred adjudication. Driving while Intoxicated, Flying while Intoxicated, Boating while Intoxicated, and Operating or Assembling an Amusement Ride while Intoxicated would be punishable as a Class A misdemeanor if the defendant has been previously convicted of or previously placed on deferred adjudication for certain intoxication offenses. The bill would also add Driving while Intoxicated with a Child Passenger to the list of offenses for which punishment is enhanced to a third degree felony if the defendant has previously been convicted of or previously placed on deferred adjudication for certain intoxication offenses.
Under current statute a subsequent intoxication conviction results in penalty enhancement to that of the next higher degree with multiple previous convictions providing for even greater enhancement. Since a placement on deferred adjudication will be allowed to be considered for the purpose of penalty enhancement, the impact from implementing the provisions of the bill would not result in increased demands upon the correctional resources of counties or of the State.