BILL ANALYSIS H.B. 1983 By: Martinez Fischer Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Nearly half of the driving fatalities in Texas occur in alcohol-related accidents. Tragically, Texas is one of the worst states for alcohol-related vehicular deaths. A recent study suggested that at best only one in 88 driving while intoxicated events lead to an arrest, so Texas must increase enforcement of driving while intoxicated-related laws in any way possible. H.B. 1983 creates a new offense for the most egregious drunk drivers. People with twice the legal blood alcohol content will face enhanced penalties for their reckless driving. Also, a person driving a commercial vehicle with a 0.02 blood alcohol content would be subject to harsher penalties than those under current law. H.B. 1983 creates the offense of aggravated driving while intoxicated and enhances penalties for certain alcohol-related offenses. 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. 1983 amends the Penal Code to create the offense of aggravated driving while intoxicated for a person who is intoxicated while operating a motor vehicle in a public place and who has an alcohol concentration of 0.16 or more or who has an alcohol concentration of 0.02 or more and is operating a commercial motor vehicle. The bill prescribes that an offense of aggravated driving while intoxicated is a Class A misdemeanor, punishable by a minimum term of confinement of 30 days. H.B. 1983 enhances the penalty for repeat offenders of certain intoxication offenses to a third degree felony if it is shown on the trial of the offense that the person has previously been convicted one time of aggravated driving while intoxicated, or a substantially similar offense under the laws of another state. H.B. 1983 enhances the penalty of an aggravated driving while intoxicated offense to a third degree felony if it is shown on the trial of the offense that the person has previously been convicted one time of an offense of intoxication manslaughter or a substantially similar offense under the laws of another state, or one time of an offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated. EFFECTIVE DATE September 1, 2009.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1983
By: Martinez Fischer
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 1983
By: Martinez Fischer
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Nearly half of the driving fatalities in Texas occur in alcohol-related accidents. Tragically, Texas is one of the worst states for alcohol-related vehicular deaths. A recent study suggested that at best only one in 88 driving while intoxicated events lead to an arrest, so Texas must increase enforcement of driving while intoxicated-related laws in any way possible. H.B. 1983 creates a new offense for the most egregious drunk drivers. People with twice the legal blood alcohol content will face enhanced penalties for their reckless driving. Also, a person driving a commercial vehicle with a 0.02 blood alcohol content would be subject to harsher penalties than those under current law. H.B. 1983 creates the offense of aggravated driving while intoxicated and enhances penalties for certain alcohol-related offenses.
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. 1983 amends the Penal Code to create the offense of aggravated driving while intoxicated for a person who is intoxicated while operating a motor vehicle in a public place and who has an alcohol concentration of 0.16 or more or who has an alcohol concentration of 0.02 or more and is operating a commercial motor vehicle. The bill prescribes that an offense of aggravated driving while intoxicated is a Class A misdemeanor, punishable by a minimum term of confinement of 30 days. H.B. 1983 enhances the penalty for repeat offenders of certain intoxication offenses to a third degree felony if it is shown on the trial of the offense that the person has previously been convicted one time of aggravated driving while intoxicated, or a substantially similar offense under the laws of another state. H.B. 1983 enhances the penalty of an aggravated driving while intoxicated offense to a third degree felony if it is shown on the trial of the offense that the person has previously been convicted one time of an offense of intoxication manslaughter or a substantially similar offense under the laws of another state, or one time of an offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.
EFFECTIVE DATE September 1, 2009.
BACKGROUND AND PURPOSE
Nearly half of the driving fatalities in Texas occur in alcohol-related accidents. Tragically, Texas is one of the worst states for alcohol-related vehicular deaths. A recent study suggested that at best only one in 88 driving while intoxicated events lead to an arrest, so Texas must increase enforcement of driving while intoxicated-related laws in any way possible.
H.B. 1983 creates a new offense for the most egregious drunk drivers. People with twice the legal blood alcohol content will face enhanced penalties for their reckless driving. Also, a person driving a commercial vehicle with a 0.02 blood alcohol content would be subject to harsher penalties than those under current law.
H.B. 1983 creates the offense of aggravated driving while intoxicated and enhances penalties for certain alcohol-related offenses.
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. 1983 amends the Penal Code to create the offense of aggravated driving while intoxicated for a person who is intoxicated while operating a motor vehicle in a public place and who has an alcohol concentration of 0.16 or more or who has an alcohol concentration of 0.02 or more and is operating a commercial motor vehicle. The bill prescribes that an offense of aggravated driving while intoxicated is a Class A misdemeanor, punishable by a minimum term of confinement of 30 days.
H.B. 1983 enhances the penalty for repeat offenders of certain intoxication offenses to a third degree felony if it is shown on the trial of the offense that the person has previously been convicted one time of aggravated driving while intoxicated, or a substantially similar offense under the laws of another state.
H.B. 1983 enhances the penalty of an aggravated driving while intoxicated offense to a third degree felony if it is shown on the trial of the offense that the person has previously been convicted one time of an offense of intoxication manslaughter or a substantially similar offense under the laws of another state, or one time of an offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.
EFFECTIVE DATE
September 1, 2009.