By: Ogden, Davis S.B. No. 364
(Brown)
A BILL TO BE ENTITLED
AN ACT
relating to statistical information on the prosecution of certain
offenses relating to the operating of a motor vehicle while
intoxicated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.049 to read as follows:
Sec. 411.049. REPORT RELATED TO CERTAIN INTOXICATION
OFFENSES. (a) In this section, "offense relating to the operating
of a motor vehicle while intoxicated" has the meaning assigned by
Section 49.09, Penal Code.
(b) The department shall compile and maintain statistical
information on the prosecution of offenses relating to the
operating of a motor vehicle while intoxicated, including:
(1) the number of arrests;
(2) the number of arrests resulting in release with no
charges;
(3) the number of charges resulting in a plea of not
guilty and a trial;
(4) the number of charges resulting in a plea of guilty
or nolo contendere;
(5) the number of charges resulting in a conviction of
the offense charged in the original information, indictment,
complaint, or other charging instrument;
(6) the number of charges resulting in a conviction of
an offense other than the offense charged in the original
information, indictment, complaint, or other charging instrument;
and
(7) the number of charges resulting in a dismissal.
(c) Each law enforcement agency that enforces Chapter 49,
Penal Code, and each appropriate prosecuting attorney's office and
court in this state shall report in the manner and on a form
prescribed by the department the information necessary for the
department to compile the information required by Subsection (b).
(d) The department shall identify law enforcement agencies,
prosecuting attorney's offices, and courts required to report under
Subsection (c) that fail to timely report or that report incomplete
information to the department.
(e) The department shall submit to the legislature not later
than February 15 of each year a report of the statistical
information described in Subsection (b) compiled for the preceding
calendar year. The report must include a list of the law
enforcement agencies, prosecuting attorney's offices, and courts
identified by the department under Subsection (d).
(f) The department may adopt rules to implement this
section.
SECTION 2. The Department of Public Safety of the State of
Texas shall submit the first report required by Subsection (e),
Section 411.049, Government Code, as added by this Act, not later
than February 15, 2013.
SECTION 3. This Act takes effect September 1, 2011.