| 1 | 1 | | By: Ogden, Davis S.B. No. 364 |
|---|
| 2 | 2 | | (Brown) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to statistical information on the prosecution of certain |
|---|
| 8 | 8 | | offenses relating to the operating of a motor vehicle while |
|---|
| 9 | 9 | | intoxicated. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter D, Chapter 411, Government Code, is |
|---|
| 12 | 12 | | amended by adding Section 411.049 to read as follows: |
|---|
| 13 | 13 | | Sec. 411.049. REPORT RELATED TO CERTAIN INTOXICATION |
|---|
| 14 | 14 | | OFFENSES. (a) In this section, "offense relating to the operating |
|---|
| 15 | 15 | | of a motor vehicle while intoxicated" has the meaning assigned by |
|---|
| 16 | 16 | | Section 49.09, Penal Code. |
|---|
| 17 | 17 | | (b) The department shall compile and maintain statistical |
|---|
| 18 | 18 | | information on the prosecution of offenses relating to the |
|---|
| 19 | 19 | | operating of a motor vehicle while intoxicated, including: |
|---|
| 20 | 20 | | (1) the number of arrests; |
|---|
| 21 | 21 | | (2) the number of arrests resulting in release with no |
|---|
| 22 | 22 | | charges; |
|---|
| 23 | 23 | | (3) the number of charges resulting in a plea of not |
|---|
| 24 | 24 | | guilty and a trial; |
|---|
| 25 | 25 | | (4) the number of charges resulting in a plea of guilty |
|---|
| 26 | 26 | | or nolo contendere; |
|---|
| 27 | 27 | | (5) the number of charges resulting in a conviction of |
|---|
| 28 | 28 | | the offense charged in the original information, indictment, |
|---|
| 29 | 29 | | complaint, or other charging instrument; |
|---|
| 30 | 30 | | (6) the number of charges resulting in a conviction of |
|---|
| 31 | 31 | | an offense other than the offense charged in the original |
|---|
| 32 | 32 | | information, indictment, complaint, or other charging instrument; |
|---|
| 33 | 33 | | and |
|---|
| 34 | 34 | | (7) the number of charges resulting in a dismissal. |
|---|
| 35 | 35 | | (c) Each law enforcement agency that enforces Chapter 49, |
|---|
| 36 | 36 | | Penal Code, and each appropriate prosecuting attorney's office and |
|---|
| 37 | 37 | | court in this state shall report in the manner and on a form |
|---|
| 38 | 38 | | prescribed by the department the information necessary for the |
|---|
| 39 | 39 | | department to compile the information required by Subsection (b). |
|---|
| 40 | 40 | | (d) The department shall identify law enforcement agencies, |
|---|
| 41 | 41 | | prosecuting attorney's offices, and courts required to report under |
|---|
| 42 | 42 | | Subsection (c) that fail to timely report or that report incomplete |
|---|
| 43 | 43 | | information to the department. |
|---|
| 44 | 44 | | (e) The department shall submit to the legislature not later |
|---|
| 45 | 45 | | than February 15 of each year a report of the statistical |
|---|
| 46 | 46 | | information described in Subsection (b) compiled for the preceding |
|---|
| 47 | 47 | | calendar year. The report must include a list of the law |
|---|
| 48 | 48 | | enforcement agencies, prosecuting attorney's offices, and courts |
|---|
| 49 | 49 | | identified by the department under Subsection (d). |
|---|
| 50 | 50 | | (f) The department may adopt rules to implement this |
|---|
| 51 | 51 | | section. |
|---|
| 52 | 52 | | SECTION 2. The Department of Public Safety of the State of |
|---|
| 53 | 53 | | Texas shall submit the first report required by Subsection (e), |
|---|
| 54 | 54 | | Section 411.049, Government Code, as added by this Act, not later |
|---|
| 55 | 55 | | than February 15, 2013. |
|---|
| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2011. |
|---|