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House Bill 2246 |
House Author: Villalba et al. |
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Effective: 9-1-15 |
Senate Sponsor: Huffman et al. |
Previous law authorized a judge to restrict a person convicted of a subsequent driving while intoxicated, intoxication assault, or intoxication manslaughter offense to the operation of a motor vehicle equipped with an ignition interlock device. House Bill 2246 amends the Code of Criminal Procedure, Penal Code, and Transportation Code to instead require the judge to restrict any person convicted of such an offense, a driving while intoxicated with a child passenger offense, or a flying, boating, or assembling or operating an amusement ride while intoxicated offense whose license has been suspended for the offense to the operation of a motor vehicle equipped with an ignition interlock device. The bill revises the time period for which the court is required to order the device to remain installed from at least half of the license suspension period to the duration of that period. A defendant whose license is suspended for such an intoxication-related offense is authorized to operate a motor vehicle during the suspension period if the defendant obtains and uses an ignition interlock device and applies for and receives an occupational driver's license with the proper designation. A person convicted of an intoxication-related offense whose vehicle must be equipped with an ignition interlock device is entitled to receive an occupational license without a finding that an essential need exists under certain circumstances and may not be subjected to the time of travel, reason for travel, or location of travel restrictions otherwise applied to an occupational license. A court is authorized to issue an occupational license to such a convicted person who submits proof of having an ignition interlock device installed on each motor vehicle the person owns or operates, and such a person may not be ordered to submit to the supervision of the local community supervision and corrections department unless ordered by a court of record.