HBA-NMO H.B. 3495 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3495
By: Dunnam
Criminal Jurisprudence
4/13/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes that the motor vehicle of a person convicted of
certain intoxication offenses two or more times be equipped with an
ignition interlock device.  H.B. 3495 prohibits a previous conviction from
being used for the purposes of restricting a person to the operation of a
motor vehicle equipped with an ignition interlock device, if the person
committed the previous offense more than 10 years before the present
offense.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 521.246, Transportation Code, by adding
Subsection (f), as follows: 

(f) Prohibits a previous conviction from being used for purposes of
restricting a person to the operation of a motor vehicle equipped with an
interlock ignition device under this section (Ignition Interlock Device
Requirement) if: 
  
(1)  the previous conviction was a final conviction under Section 49.04
(Driving While Intoxicated), 49.07 (Intoxication Assault), or 49.08
(Intoxication Manslaughter), Penal Code, and was for an offense committed
more than 10 years before the instant offense for which the person was
convicted; and 
  
(2)  the person has not been convicted of an offense under Section 49.04,
49.07, or 49.08 of that code committed within 10 years before the date on
which the instant offense for which the person was convicted.  
 
SECTION 2.  Amends Section 13(i), Article 42.12, Code of Criminal
Procedure, to prohibit a previous conviction from being used for purposes
of restricting a person to the operation of a motor vehicle equipped with
an interlock ignition device under this subsection (relating to DWI
community supervision) if: 
  
(1)  the previous conviction was a final conviction under Section 49.04,
49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), 49.07,
or 49.08, Penal Code, and was for an offense committed more than 10 years
before the instant offense for which the person was convicted and placed on
community supervision; and 
  
(2)  the person has not been convicted of an offense under Section 49.04,
49.05, 49.06, 49.07, or 49.08 of that code, committed within 10 years
before the date on which the instant offense for which the person was
convicted and placed on community supervision.  
SECTION 3.  Effective date: September 1, 1999.
Makes application of this Act prospective.
  
SECTION 4.  Emergency clause.