HB 204 DRINKING & DRIVING: MINORS & OTHERS  DAVE HERNDON, representing MADD, testified in strong support of HB 204. The bill creates a zero tolerance policy for driving and drinking alcoholic beverages if under the age of 21. Under current law, a person under 21 could drive a vehicle with a BAC of .0999 and be legal. A zero tolerance policy gives the consistent message that it is illegal to consume alcoholic beverages if under 21 and therefore illegal to drive a vehicle with any evidence of alcohol intake if under 21. MADD also supports the reclassification of a third DWI offense within five years to a class C felony but would prefer to have no time limit. He repeated MADD strongly supports SB 204. CHAIRMAN TAYLOR asked Mr. Herndon if he was referring to Section 7 on page 5, regarding the third DWI offense. MR. HERNDON replied that is correct. CHAIRMAN TAYLOR explained the justification for the five year limit was primarily due to the large fiscal costs estimated by the Department of Public Safety for a longer time period. CHAIRMAN TAYLOR noted a second problem with changing the time limit is that the title would have to be amended which would require a two-thirds vote. SENATOR GREEN asked why there is a minimum age limit contained on line 16, page 8. JUANITA HENSLEY, Division of Motor Vehicles, explained the 13 to 21 year age limit mirrors an existing statute that requires the court to revoke a drivers license for possession or consumption of drugs or alcohol. Senator Adams arrived at 1:45 p.m. SENATOR GREEN asked if license revocation would be the only penalty involved. MS. HENSLEY stated HB 204 would create a new statute that makes it an offense for a minor to operate a motor vehicle after consuming alcohol: existing law addresses consumption, not driving. MS. HENSLEY noted the Department of Public Safety supports HB 204 wholeheartedly. Congress passed the highway systems bill last November which contains a sanction of five and ten percent of ISTEA funds if a provision for zero tolerance for driving under the influence for minors is not adopted by 1998. Senator Ellis arrived at 1:48 p.m. ANNE CARPENETI, Assistant Attorney General, stated the basic reason for creating a zero tolerance policy for juveniles who drive after drinking is that this population is involved in a much greater proportion of fatal crashes. Experience in other states that have adopted such policies has shown the number of fatal crashes has decreased, while the number of fatal crashes for the same population has increased in states that have not adopted this policy. The references to the DWI and breathalyzer statutes contained in the bill clean up the felony provisions that were adopted last year. CHAIRMAN TAYLOR asked about the proposed amendment from the Department of Law. SENATOR ELLIS moved to adopt amendment #1. CHAIRMAN TAYLOR objected for the purpose of discussion. MS. CARPENETI explained amendment #1 makes technical changes. On page 8, line 17, the reference to 24 hours is problematic as it might require proof that the person consumed alcohol within that time frame, and makes no sense in terms of the offense. The revision on page 8, line 27 clarifies that Section 280 sets out the offense rather than just subsection (a). If a police officer has probable cause to stop a minor the juvenile will then be taken to the nearest location to take a breathalyzer test. Only after the test indicates the presence of alcohol in the blood, will the child be cited. The intent is to prevent juveniles from driving with any alcohol in their blood stream, no matter when it was consumed. CHAIRMAN TAYLOR noted that he has know many Italian families who drink wine exclusively at the dinner table. MS. CARPENETI said so does she. CHAIRMAN TAYLOR wondered if the word "any" would require a level of adherence that may be difficult for some people to meet because of differing cultural values. MS. CARPENETI responded that allowing a child to take a glass of wine with dinner is different from allowing that child to drive afterward. CHAIRMAN TAYLOR believed there are foods consumed in a subsistence economy that go through a fermentation process which generates alcohol. He feared people could inadvertently be placed in a difficult posture when the word "any" is included. MS. CARPENETI repeated a person does not have to take a breath test unless there is probable cause for arrest by a peace officer. CHAIRMAN TAYLOR stated he wanted to make sure, for the record, the word "any" is qualified. SENATOR ADAMS clarified the amendment should refer to page 8, line 14, not line 18. There being no objection to amendment #1, CHAIRMAN TAYLOR announced the amendment was adopted. There being no further discussion on CSHB 204 (FIN)am as amended, SENATOR ELLIS moved the bill from committee with individual recommendations. The motion carried with no objection.