BILL ANALYSIS
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Senate Research Center |
H.B. 1163 |
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88R3191 JSC-D |
By: Smith et al. (King) |
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Criminal Justice |
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5/17/2023 |
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Engrossed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, boating while intoxicated is a misdemeanor offense. That is true even if a child is a passenger in the boat. To draw a parallel, DWI is also a misdemeanor BUT if a child (younger than 15) is a passenger in the vehicle, then the offense is punishable as a state jail felony.
H.B. 1163 creates a new offense of boating while intoxicated with a child passenger, punishable as a state jail felony. The offense can be enhanced to a third-degree felony based on prior convictions for similar intoxication-related offenses, which will make it comparable to a DWI with a child passenger.� A court may impose the installation of an interlock device as a condition of community supervision for the offense, and in certain instances is required to impose such a condition.
Benefits
� This is a refile of 87(R) H.B. 2505 (Smith/Huffman), which passed the House 130-15 and �the Senate Committee on Criminal Justice 8-0, only to be knocked off the last local and uncontested calendar.
H.B. 1163 amends current law relating to creating the criminal offense of boating while intoxicated with a child passenger and changes the eligibility for deferred adjudication community supervision.
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 49.061, as follows:
Sec. 49.061. BOATING WHILE INTOXICATED WITH CHILD PASSENGER. (a) Provides that a person commits an offense if:
(1) the person is intoxicated while operating a watercraft; and
(2) the watercraft being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b) Provides that an offense under this section is a state jail felony.
SECTION 2. Amends Sections 49.09(b) and (d), Penal Code, as follows:
(b) Provides that an offense under certain sections, including Section 49.061, is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted of certain offenses.
(d) Makes a conforming change to this subsection.
SECTION 3. Amends Section 49.09(c)(3), Penal Code, to redefine "offense of operating a watercraft while intoxicated."
SECTION 4. Amends Section 49.10, Penal Code, as follows:
Sec. 49.10. NO DEFENSE. Provides that, in a prosecution under Section 49.031, rather than Section 49.03 and Section 49.061, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance, is not a defense.
SECTION 5. Amends Section 106.041(g), Alcoholic Beverage Code, to provide that an offense under Section 106.041 (Driving or Operating Watercraft Under the Influence of Alcohol by Minor) is not a lesser included offense under Section 49.061, Penal Code.
SECTION 6. Amends Article 16.23(b), Code of Criminal Procedure, as follows:
(b) Provides that Subsection (a) (relating to requiring each law enforcement agency to make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency's jurisdiction if certain opportunities are available for relaying a person to mental health crisis or substance abuse treatment) does not apply to a person who is accused of an offense under Section 49.061, Penal Code.
SECTION 7. Amends Article 17.441(a), Code of Criminal Procedure, as follows:
(a) Requires a magistrate, except as provided by Subsection (b) (relating to prohibiting a magistrate from requiring the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice), to require on release that a defendant charged with a subsequent offense under Section 49.061, Penal Code, or an offense under certain sections of that code take certain actions.
SECTION 8. Amends Article 18.01(j), Code of Criminal Procedure, to authorize any magistrate who is an attorney licensed by this state to issue a search warrant under a certain article to collect a blood specimen from a person who is arrested for an offense under Section 49.061, Penal Code.
SECTION 9. Amends Article 18.067, Code of Criminal Procedure, as follows:
Art. 18.067. EXECUTION OF WARRANT FOR BLOOD SPECIMEN IN INTOXICATION OFFENSE. Authorizes a warrant issued under a certain article to collect a blood specimen from a person suspected of committing an intoxication offense under Section 49.061, Penal Code, notwithstanding any other law, to be executed with certain guidelines.
SECTION 10. Amends Article 42A.102(b), Code of Criminal Procedure, to authorize the judge, in all other cases, to grant deferred adjudication community supervision unless the defendant is charged with an offense under Section 49.061, Penal Code.
SECTION 11. Amends Articles 42A.408(c) and (d), Code of Criminal Procedure, as follows:
(c) Requires the court to require as a condition of community supervision that a defendant described by Subsection (b) (relating to authorizing the court to require as a condition of community supervision that a defendant placed on community supervision after conviction of an offense have an ignition interlock device installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant and that the defendant not operate any motor vehicle that is not equipped with that device) have an ignition interlock device installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant and that the defendant not operate any motor vehicle unless the vehicle is equipped with that device if the defendant is placed on community supervision after conviction of an offense under Sections 49.04-49.061, rather than Sections 49.04-49.06, Penal Code, for which the defendant is punished under certain sections.
(d) Prohibits a previous conviction from being used for purposes of restricting a defendant to the operation of a motor vehicle equipped with an ignition interlock device under Subsection (c) if:
(1) the previous conviction was a final conviction under Section 49.061, Penal Code, and was for an offense committed before the beginning of the 10-year period preceding the date of the instant offense for which the defendant was convicted and placed on community supervision; and
(2) the defendant has not been convicted of an offense under Section 49.061, Penal Code, committed within the 10-year period preceding the date of the instant offense for which the defendant was convicted and placed on community supervision.
SECTION 12. Amends Section 12.203(a), Parks and Wildlife Code, to authorize a person to apply to the Operation Game Thief Committee (committee) for a reward to be paid from the operation game thief fund if the person furnishes information leading to the arrest and conviction of a person for a violation of Section 49.061, Penal Code.
SECTION 13. Amends Section 524.011(a), Transportation Code, as follows:
(a) Requires an officer arresting a person to comply with Subsection (b) (relating to requiring a peace officer to take certain actions regarding a driver's license suspension) if:
(1) the person is arrested for an offense under Section 49.061, Penal Code, or an offense under certain sections of the Penal Code involving the operation of a motor vehicle or watercraft, submits to the taking of a specimen of breath or blood and an analysis of the specimen shows the person had an alcohol concentration of a level specified by a certain section; or
(2) the person is a minor arrested for an offense under Section 49.061, Penal Code, involving the operation of a motor vehicle or watercraft, and the minor is not requested to submit to the taking of a specimen or the minor submits to the taking of a specimen and an analysis of the specimen shows that the minor had an alcohol concentration of greater than .00 but less than the level specified by a certain section.
SECTION 14. Amends Section 524.015(b), Transportation Code, as follows:
(b) Prohibits a suspension from being imposed under Chapter 524 (Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication) on a person who is acquitted of a criminal charge under Section 49.061, Penal Code, arising from the occurrence that was the basis for the suspension.
SECTION 15. Amends Section 524.022(b), Transportation Code, as follows:
(b) Provides that a period of suspension under this chapter for a minor is 60 days if the minor has not been previously convicted of an offense under Section 49.061, Penal Code, involving the operation of a motor vehicle or a watercraft.
SECTION 16. Amends Section 524.023, Transportation Code, as follows:
Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS. (a) Requires each of the suspensions, if a person is convicted of an offense under Section 49.061, Penal Code, and if any conduct on which that conviction is based is a ground for a driver's license suspension under this chapter and certain statutes, be imposed.
(b) Requires the court imposing a driver's license suspension under certain statutes as required by Subsection (a) to credit a period of suspension imposed under this chapter toward the period of suspension required under certain statutes, unless the person was convicted of an offense under Section 49.061, Penal Code, before the date of the conviction on which the suspension is based, in which event credit is prohibited from being given.
SECTION 17. Amends Section 524.042(a), Transportation Code, as follows:
(a) Provides that a suspension of a driver's license under this chapter is stayed on the filing of an appeal petition only if the person meets certain requirements, including having not been convicted during the 10 years preceding the date of the person's arrest of an offense under Section 49.061, Penal Code.
SECTION 18. Amends Section 724.012(b), Transportation Code, as follows:
(b) Requires a peace officer, subject to Subsection (a-1) (relating to a requiring a peace officer to require the taking of a specimen of the person's breath or blood under certain circumstances, if the officer arrests the person for an offense involving the operation of a motor vehicle or a watercraft and the person refuses the officer's request to submit to the taking of a specimen voluntarily), to require the taking of a specimen of the person's breath or blood under certain circumstances, including the offense for which the officer arrests the person is an offense under Section 49.061, Penal Code, if the officer arrests the person for certain offenses and the person refuses the officer's request to submit to the taking of a specimen.
SECTION 19. Effective date: September 1, 2023.