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.