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.