Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Impact
By redefining the legal consequences for boating while under the influence with a child aboard, HB1163 aims to deter such actions through stricter penal measures. The bill modifies the Penal Code to include specific references to this new offense, which could lead to a broader impact on how intoxication offenses are addressed in Texas. Moreover, individuals convicted of these offenses may find themselves facing significant penalties, possibly altering public perceptions and behaviors regarding both boating and alcohol consumption.
Summary
House Bill 1163 seeks to establish a new criminal offense for operating a watercraft while intoxicated when a child passenger under the age of 15 is present. This bill introduces the classification of this offense as a state jail felony, which represents a significant increase in the severity of the penalty from the current status of such offenses being classified as misdemeanors. The legislation aims to enhance the protection of children in potentially dangerous situations related to boating activities and underscores the growing concern over boating safety within the state's waters.
Sentiment
The sentiment surrounding HB 1163 appears to be primarily positive among its proponents, who argue that the bill strengthens protections for vulnerable passengers. Supporters highlight the necessity of aligning boating laws with those already present for driving vehicles under similar circumstances, thus advocating for higher accountability. However, there may be concerns among some stakeholders regarding the implications of increased criminalization for what has previously been treated as a lesser offense, which could prompt discussions on balancing safety with fair legal treatment.
Contention
Notable points of contention as the bill moved through the legislative process included discussions about concerns over how these changes might affect individuals who unintentionally find themselves in violation of the new law, as well as the implications for enforcement efforts. Critics might argue that stricter penalties may not effectively address the underlying issues of alcohol consumption and that educational initiatives could be more beneficial. The law's impact on judicial processes and community supervision eligibility could also become subjects of debate as it takes effect.
Texas Constitutional Statutes Affected
Penal Code
Chapter 49. Intoxication And Alcoholic Beverage Offenses
Section: New Section
Section: New Section
Section: New Section
Section: 045
Section: 07
Section: 08
Section: New Section
Section: 09
Section: 10
Section: 06
Section: New Section
Section: 045
Alcoholic Beverage Code
Chapter 106. Provisions Relating To Age
Section: 041
Section: 041
Section: 041
Section: 041
Section: 041
Transportation Code
Chapter 524. Administrative Suspension Of Driver's License For Failure To Pass Test For Intoxication
Section: 011
Section: 015
Section: 022
Section: 023
Section: 042
Section: 042
Section: 015
Section: 011
Section: 015
Section: 022
Section: 023
Section: 042
Section: 011
Section: 015
Section: 015
Section: 023
Section: 042
Code Of Criminal Procedure
Chapter 42. Judgment And Sentence
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 16. The Commitment Or Discharge Of The Accused
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to increasing the criminal penalty for operating a watercraft while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to the punishment for certain intoxication offenses and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.
Relating to the punishment for certain intoxication offenses and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.
Relating to the punishment for certain intoxication offenses and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.
Relating to allowing deferred adjudication community supervision for first-time offenders charged with certain intoxication offenses, requiring the use of an ignition interlock device on conviction of or placement on deferred adjudication for certain intoxication offenses, and authorizing ethyl alcohol monitoring as a condition of community supervision for certain intoxication offenses; imposing a fee.
Relating to the punishment for certain intoxication offenses, the conditions of bond for defendants charged with certain intoxication offenses, and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to requiring the arrest and collection of a breath or blood specimen of persons operating a motor vehicle or watercraft while intoxicated under certain circumstances.