BILL ANALYSIS Senate Research Center H.B. 1199 82R274 JSC-D By: Gallego (Davis) Criminal Justice 5/19/2011 Engrossed
BILL ANALYSIS
Senate Research Center H.B. 1199
82R274 JSC-D By: Gallego (Davis)
Criminal Justice
5/19/2011
Engrossed
Senate Research Center
H.B. 1199
82R274 JSC-D
By: Gallego (Davis)
Criminal Justice
5/19/2011
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current law, a person who commits a driving while intoxicated offense and causes serious bodily injury to another individual can be charged with intoxication assault, which is a third degree felony, with certain exceptions. Serious bodily injury is defined as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Currently, there is no distinction between a driving while intoxicated offense that causes serious bodily injury and such an offense that leaves a person in a persistent vegetative state. H.B. 1199 seeks to address this issue by creating a penalty for an intoxication assault if the commission of the offense leaves a person in a persistent vegetative state. H.B. 1199 amends current law relating to the penalty for certain intoxication assaults. 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 Section 49.09, Penal Code, by adding Subsection (b-4), to provide that an offense under Section 49.07 (Intoxication Assault) is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, a person who commits a driving while intoxicated offense and causes serious bodily injury to another individual can be charged with intoxication assault, which is a third degree felony, with certain exceptions. Serious bodily injury is defined as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Currently, there is no distinction between a driving while intoxicated offense that causes serious bodily injury and such an offense that leaves a person in a persistent vegetative state.
H.B. 1199 seeks to address this issue by creating a penalty for an intoxication assault if the commission of the offense leaves a person in a persistent vegetative state.
H.B. 1199 amends current law relating to the penalty for certain intoxication assaults.
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 Section 49.09, Penal Code, by adding Subsection (b-4), to provide that an offense under Section 49.07 (Intoxication Assault) is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2011.