03/27/1995 02:30 PM House JUD

 HB 159 - DWI LAWS/MINOR IN POSSESSION LAWS                                  
                                                                               
 CHAIRMAN BRIAN PORTER explained that there is a memo in the packets           
 describing the differences made in the committee substitute since             
 the last time the Judiciary Committee members heard HB 159.  The              
 bill has a provision that would allow an officer to make an arrest            
 when having probable cause for minor consuming.  This allowance               
 should also apply to municipal ordinances as well as to state                 
 statutes.  Section 4 requires alcohol screening to be conducted               
 prior to sentencing, which is aimed at giving the judge the best              
 picture of this individual so as to guide the sentence in terms of            
 the appropriate length of prison time and probation time.  Section            
 5 requires the court to impose any suspended jail time when a                 
 person convicted of a DWI fails to complete the alcohol treatment             
 program.  The idea is to have that big hammer to get their                    
 attention and make them not want to violate their probation and               
 start drinking again.  It increases the minimum period of                     
 incarceration so there will not be any situation where the minimum            
 sentence for a misdemeanor is more than what it is for a felony.              
                                                                               
 REPRESENTATIVE JOE GREEN, bill sponsor, made a motion to adopt the            
 new committee substitute for HB 159, Version K, dated 3/21/95, as             
 their working draft.  Seeing no objection, Version K was adopted as           
 the working draft.                                                            
                                                                               
 REPRESENTATIVE DAVID FINKELSTEIN stated for the record that he                
 still had the same concerns that he had previously voiced in the              
 last hearing on HB 159.                                                       
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY made a motion to move CSHB 159,                 
 Version K, out of committee with individual recommendations and               
 attached fiscal notes.  Seeing no objection, it was so ordered.