BILL ANALYSIS
C.S.H.B. 1572
By: Duncan
05-03-95
Committee Report (Substituted)
BACKGROUND
In 1987, the Legislature authorized the use of a device known as a
Breath Alcohol Ignition Interlock Device (BAIID). At the time, the
devices were primarily used as a condition of probation for those
convicted of multiple DWI offenses.
With advances in technology, BAIIDs have become much more effective
in reducing the number of those drinking and driving. They have
also become more readily available. This, coupled with the fact
that many states report 65 percent reductions in DWI recidivism
when BAIIDs are used, prompted the 73rd Legislature to strengthen
the laws regarding BAIIDs. Currently, anyone convicted of DWI for
a third time is required to have a BAIID installed on his or her
automobile as a condition of probation.
Over the past two years, those wishing to circumvent the intent of
the law have found loopholes allowing them to avoid installing a
BAIID despite the fact that they continue to drive and in many
cases drive while intoxicated.
PURPOSE
If enacted, C.S.H.B. 1572 would amend the Penal Code, Code of
Criminal Procedure and the Civil Statutes to further strengthen the
laws relating to BAIIDs and to clarify existing law to prevent
ongoing abuses.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 49.09(a), Penal Code (ENHANCED OFFENSES
AND PENALTIES), to require 90 days continuous confinement (as
opposed to 15 days non-continuous confinement) for those previously
convicted of driving, flying, or boating while intoxicated.
SECTION 2. Amends Section 13(g), Article 42.12, Code of Criminal
Procedure (COMMUNITY SUPERVISION), by adding individuals under the
age of 21 to the list of those eligible to maintain their driver's
licenses while on community supervision for a DWI conviction.
SECTION 3. Amends Chapter 17, Code of Criminal Procedure (BAIL),
by adding Article 17.441 as follows:
Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION
INTERLOCK.
(a) requires a magistrate to order that a defendant charged
with a subsequent offense under Sections 49.04 - 49.06, Penal
Code, or an offense under Section 49.07 or 49.08 of that code
to:
(1) have installed a BAIID on the vehicle most regularly
driven by the defendant; and
(2) not operate any motor vehicle unless the vehicle is
equipped with that device.
(b) prohibits the magistrate from requiring the installation
of the device if the magistrate:
(1) finds that the installation of the device would not
be in the best interest of justice; and
(2) enters that finding in the record.
(c) requires the magistrate to require that the defendant have
the device installed, at the defendant's expense, before the
30th day after the date of release on bond.
(d) allows the magistrate to designate an appropriate agency
to verify the installation of the device and to monitor the
device.
SECTION 4. Amends Section 13(i), Article 42.12, Code of Criminal
Procedure (COMMUNITY SUPERVISION), to require that a BAIID be
installed for all second and subsequent DWI offenders. Also
provides that such a device may be required for first time
offenders. Requires that the BAIID be installed on the vehicle
most regularly driven and that the defendant not operate any
vehicle without a BAIID.
SECTION 5. Amends Section 13(j), Article 42.12, Code of Criminal
Procedure (COMMUNITY SUPERVISION), to make this section conform
with those changes made in SECTION 10 of this bill.
SECTION 6. Amends Section 23A(f), Chapter 173, Acts of the 47th
Legislature, Regular Session, 1941, to require that a BAIID be
installed for all second and subsequent DWI offenders seeking
issuance of an occupational driver's license. Also provides that
such a device may be required for first time offenders.
SECTION 7. Amends Section 24 (a-1), Chapter 173, Acts of the 47th
Legislature, Regular Session, 1941, as follows:
(a-1) provides an exception to this section with Subsection
(g).
(1) clarifies that offenders under the age of 21 shall have
licenses automatically suspended on conviction of particular
offenses as the law existed before September 1, 1994, or under
Section 49.04, Penal Code (DRIVING WHILE INTOXICATED).
SECTION 8. Amends Section 24(g)(1), Chapter 173, Acts of the 47th
Legislature, Regular Session, 1941, to prohibit the Department of
Public Safety from suspending the driver's license of an individual
placed on community supervision and required to have a BAIID on his
or her vehicle.
SECTION 9. Amends Section 24(j), Chapter 173, Acts of the 47th
Legislature, Regular Session, 1941, to allow a DWI offender under
the age of 21, who is placed on community supervision to retain his
or her driver's license as long as he or she has a BAIID on the
vehicle.
SECTION 10. Amends Section 2, Article 6701I-5, Revised Statutes,
by adding subsection (w) as follows: prohibits the department from
suspending a person's license for failure to submit breath or blood
specimens if the person installs a BAIID on his or her vehicle.
SECTION 11. Amends Section 12, Article 6687b, Revised Statutes, by
adding subsection (g) as follows: requires the department to
notify a person who has installed a BAIID device that his current
license will expire in 30 days; requires the department to issue a
special restricted driver's license upon application and payment of
$10 fee; requires the department to issue a driver's license
without restriction upon receipt of a copy of the court order
removing the restriction.
SECTION 12. Amends Section 12, Article 6687b, Revised Statutes, by
adding subsection (h) as follows: provides that information
relating to the persons required to equip their cars with a BAIID
is confidential and may be released only to a law enforcement
agency or the state's attorney.
SECTION 13. Amends Section 3(a), Article 42.13, Code of Criminal
Procedure (COMMUNITY JUSTICE ASSISTANCE DIVISION OF THE TEXAS
DEPARTMENT OF CRIMINAL JUSTICE), by adding subsections (5) and (6)
which require the division to order each department to:
(5) submit periodic data on the number of BAIIDs in use, the
number of violations detected, and the number of attempts to
circumvent the BAIIDs; and
(6) submit to DPS the name, address, date of birth, social
security number, and driver's license numbers of all those
required to equip their vehicles with a BAIID.
SECTION 14. Amends Subsection (f), Section 23A, Article 6687b,
Revised Statutes, as follows:
provides for an annual review by the department of all approved
BAIIDs; requires the cost for such reviews to be assessed equally
against each manufacturer of an approved device.
SECTION 15.
(a) Effective date: July 1, 1995 if the Act receives the
requisite number of votes. Otherwise the effective date is
September 1, 1995.
(b) Changes in law made by this Act apply only to a person
convicted of an offense committed on or after the effective
date of the Act. Makes effect of the Act prospective.
SECTION 16. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
CSHB 1572 differs from the original bill in that CSHB 1572
eliminates the provisions allowing for the use of BAIID as a
condition of release on bail or personal bond for first time
offenders. In addition, the section allowing for impoundment and
forfeiture of vehicles driven without a BAIID by an individual
required to operate a vehicle with such a device has been deleted.
Sections 10-14 of CSHB 1572 contain new language not included in
the original bill. These additions make the following allowances:
allows individuals who refuse to submit breath or blood
specimens to avoid license revocation if they have a BAIID
installed on their vehicle.
requires individuals required to operate a vehicle with a
BAIID to obtain, at their own expense, a special restricted
driver's license.
requires that information about persons required to equip
their car with a BAIID be confidential and is eligible for
release only to a law enforcement agencies or the state's
attorney.
requires the collection and analysis of data relating to the
use of BAIIDs, the users of BAIIDs and the BAIIDs themselves.
SUMMARY OF COMMITTEE ACTION
HB 1572 was considered in a public hearing on April 24, 1995. The
following persons testified for the bill:
Charlie Cole, representing Smart Starting, Reads Diagnostics;
Ladd Holton, representing himself;
Bill Lewis, representing MADD; and
Jim Mattox, representing himself.
The following person testified against the bill:
Betty Blackwell, representing TCDLA.
HB 1572 be left pending.
HB 1572 was considered by the full committee in a public hearing on
May 3, 1995. A complete committee substitute was considered. The
substitute was adopted without objection. HB 1572 was reported
favorably as substituted with the recommendation that it do pass
and be printed, by a record vote of 5 ayes, 0 nays, 0 pnv, and 4
absent.