Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB189 by Smith, Todd (Relating to the punishment for certain intoxication offenses.), As Introduced
The bill would amend the Penal Code as it relates to intoxication offenses. The provisions of the bill that create new punishment or enhance existing punishment for criminal offenses are the subject of this analysis. 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 as long as the defendant at the time of the offense did not possess a commercial driver's license or a commercial driver learners’ permit. 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, Driving while Intoxicated with a Child Passenger, 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. Under current statute, Driving while Intoxicated with a Child Passenger is punishable as a state jail felony. 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. In fiscal year 2010, 1,184 offenders were placed on felony community supervision and 700 offenders were admitted to state jail for Driving while Intoxicated with Child Passenger. Based on arrest data, criminal history data, and sentencing trends, it is estimated that eight percent or 147 offenders would be subject to the provisions of the bill with approximately 29 offenders being admitted to prison and approximately 64 offenders being placed on felony community supervision. It is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies or on the demand for resources and services of those agencies.