HBA-JLV H.B. 2701 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2701
By: Homer
Criminal Jurisprudence
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

While constituting a relatively small number of drivers on the road,
individuals who continually drive with a high blood alcohol concentration
(BAC) of .15 or above account for a disproportionately large share of drunk
driving accidents.  It is estimated that while drivers with BACs in excess
of .15 are only one percent of all drivers on weekend nights, they are
involved in nearly 50 percent of all fatal crashes at that time. House Bill
2701 increases the penalties on those drivers with BACs of .15 and higher,
both first time and repeat offenders, and increases the penalty on driving
while intoxicated manslaughter for those who have previous DWI convictions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2701 amends the Penal Code to provide that the offense of
driving while intoxicated is a Class A misdemeanor if it is shown on the
trial of the offense that the person operating the motor vehicle has an
alcohol concentration of .15 or more. 

The bill provides that the offense of intoxication manslaughter is a first
degree felony if it is shown  on the trial of the offense that the person
has previously been convicted two or more times of an offense relating to
the operating of a motor vehicle while intoxicated, an offense of operating
an aircraft while intoxicated, or an offense of operating a watercraft
while intoxicated. 

EFFECTIVE DATE

September 1, 2001.