BILL ANALYSIS

H.B. 3743

By: Spitzer

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that many injuries that a lay person or medical professional would deem as serious are not considered serious as defined by controlling case law. H.B. 3743 seeks to address this issue.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3743 amends the Penal Code to enhance the penalty for driving while intoxicated from a Class B misdemeanor to a Class A misdemeanor if it is shown on the trial of the offense that the person caused bodily injury to another as a result of operating a motor vehicle while intoxicated. The bill enhances the penalty for such an offense from a Class B misdemeanor to a Class A misdemeanor, with a minimum term of confinement of 180 days, if it is shown on the trial of the offense that the person caused bodily injury to another as a result of operating a motor vehicle while intoxicated and the person has previously been convicted of causing bodily injury to another as a result of such an offense. The bill enhances the penalty for causing bodily injury to another as a result of driving while intoxicated from a Class A misdemeanor to a state jail felony if it is shown on the trial of the offense that the person caused bodily injury to a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty.

EFFECTIVE DATE

September 1, 2015.