Relating to increasing the punishment for certain intoxication offenses and creating the criminal offense of continuous driving while intoxicated.
Impact
The proposed amendments to the Penal Code result in certain DWI offenses being categorized as felonies of higher degrees based on specific circumstances, including previous convictions and the involvement of emergency personnel during the commission of the offense. For example, if a person causes serious bodily injury to a public servant while intoxicated, it could escalate the charge to a felony of the first degree, significantly increasing potential penalties and incarceration terms. The changes emphasize a stricter approach to managing intoxication-related incidents on the road.
Summary
House Bill 5379 aims to increase the penalties associated with certain intoxication offenses, particularly focusing on driving while intoxicated (DWI). The bill introduces a new criminal offense known as 'continuous driving while intoxicated,' which applies to individuals who commit two or more DWI offenses within a 12-month period. This new classification emphasizes the seriousness of repeat offenders and aims to deter individuals from engaging in such hazardous behavior.
Contention
While proponents of HB 5379 argue that increasing penalties for intoxication offenses will enhance public safety and reduce alcohol-related accidents, concerns have emerged regarding the fairness and effectiveness of such escalating penalties. Opponents highlight the potential for excessive sentencing for individuals struggling with alcohol addiction, suggesting that the bill may not address the root causes of repeat offenses and could exacerbate issues within the criminal justice system. This discussion has led to debates about rehabilitation versus punishment and the long-term impact of harsher penalties on offenders and their families.
Texas Constitutional Statutes Affected
Penal Code
Chapter 49. Intoxication And Alcoholic Beverage 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 increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.
Relating to the authority of a justice of the peace to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication criminal offenses.
Relating to the authority of a magistrate to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.