HBA-AMW C.S.H.B. 314 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 314 By: Allen Criminal Jurisprudence 4/12/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE In 1998, Texas led the nation in the number of alcohol-related traffic fatalities and nearly half of all traffic fatalities in Texas were alcohol-related. Under current law, if an individual is convicted of a third DWI within 10 years of the date the previous offense was committed the offense is increased to a third degree felony. However, the 10-year period begins with the individual's incarceration and could be partially or completely executed during the individual's confinement. C.S.H.B. 314 modifies the 10-year time period to begin after the individual's sentence is completely discharged and authorizes a previous conviction of intoxication manslaughter to be used for the purposes of enhancement regardless of when the conviction occurred. 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 C.S.H.B. 314 amends the Penal Code to authorize the use of a previous conviction of intoxication manslaughter for the purposes of enhancement regardless of when the conviction occurred. If a person is being tried for driving while intoxicated, a conviction for driving, flying, boating, or assembling or operating an amusement ride while intoxicated, intoxication assault, or intoxication manslaughter that occurred on or after September 1, 1994, is authorized to be used for the purposes of enhancement only if the offense for which the person is being tried was committed within 10 years of the latest date of: _the date on which the previous offense was committed; _the date on which the person was discharged from any period of community supervision to which the person was placed for the previous offense; _the date on which the person successfully completed any period of parole to which the person was released after serving a portion of the term to which the person was sentenced for the previous offense; or _the date on which the person completed serving any term to which the person was confined or imprisoned for the previous offense. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 314 differs from the original bill by authorizing a conviction for certain intoxication offenses to be used for purposes of enhancement only if the conviction was a final conviction and the offense for which the person is being tried was committed within 10 years of the latest of specified dates, rather than prohibiting such a conviction from being used for such purposes if the conviction was a final conviction and the offense for which the person is being tried was committed 10 years before the latest of specified dates.