HBA-PDH H.B. 966 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 966 By: Alexander Criminal Jurisprudence 3/19/1999 Introduced BACKGROUND AND PURPOSE Current law requires a judge, as a condition of granting community supervision to a person convicted for the second time of driving while intoxicated (DWI), to require the person to serve at least three days of confinement in the county jail, and a person convicted of DWI three or more times to serve at least 10 days in the county jail. Additionally, the law requires that a person convicted of intoxication assault serve at least 30 days of confinement in the county jail as a condition of community supervision. The law, however, does not require these jail sentences to be served continuously. For example, a person could fulfill the required jail time on weekends. H.B. 966 provides that these sentences are to be served continuously, and clarifies that a person convicted for the second time of DWI must serve at least 72 continuous hours, rather than three days, of confinement. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 13(a) and (b), Article 42.12, Code of Criminal Procedure, to provide that as a condition of community supervision, a defendant convicted of an offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code, serve 72 hours of continuous confinement, rather than three days of confinement, if the defendant was punished under Section 49.09(a) (Enhanced Offenses and Penalties) and that a defendant serve continuous confinement for a specified number of days for an offense under Sections 49.09(b) (Enhanced Offenses and Penalties), 49.07 (Intoxication Assault), and 49.08 (Intoxication Manslaughter), Penal Code. SECTION 2. Makes application of this Act prospective. Provides that an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.