SRC-JBJ C.S.S.B. 205 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 205
76R9781 PEP-DBy: Carona
Criminal Justice
3/19/1999
Committee Report (Substituted)


DIGEST 

Currently, there is only an installation charge for a defendant who uses a
motor vehicle ignition device. An interlock device verifies that a driver
is not intoxicated prior to permitting its vehicle to start.  A magistrate
may designate the device for use after the defendant commits a second
offense of driving while intoxicated, but has not been tried for the first
charge.  C.S.S.B. 205 requires the defendant to pay a fee set by the
magistrate each time the agency verifies the installation and services the
device. 

PURPOSE

As proposed, C.S.S.B. 205 requires a defendant to pay for a motor vehicle
ignition interlock device. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 17.441(d), Code of Criminal Procedure, to
require a defendant to pay a fee to the designated agency in an amount set
by the magistrate, if the magistrate designates an agency to verify an
installation of a device.  Requires the defendant to pay initial fee at the
time the agency verifies the installation.  Requires the defendant to pay
each month that the magistrate provides for a monitoring service.  Requires
the magistrate to set the fee in an amount not to exceed $10, as determined
by the county auditor to cover the costs of verification.  

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Article 17.441(d), Code of Criminal Procedure, to require the
defendant to pay a fee to the designated agency in an amount set by the
magistrate, rather than pay $10.  Requires the defendant to pay the fee at
a certain time and for each month there is a monitoring service. Requires
the magistrate to set the fee not to exceed $10.