By Smith H.B. No. 1101
76R2833 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain offenses committed by a person with an alcohol
1-3 concentration of 0.15 or more and to the conditions of community
1-4 supervision imposed on conviction of certain intoxication offenses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 49.09, Penal Code, is amended by adding
1-7 Subsections (g) and (h) to read as follows:
1-8 (g) If it is shown on the trial of an offense under Section
1-9 49.04, 49.05, or 49.06 that an analysis of a specimen of the
1-10 person's blood, breath, urine, or other bodily substance showed an
1-11 alcohol concentration of 0.15 or more, the offense is a Class A
1-12 misdemeanor, with a minimum term of confinement of 90 days.
1-13 (h) If it is shown on the trial of an offense under Section
1-14 49.04, 49.05, or 49.06 that an analysis of a specimen of the
1-15 person's blood, breath, urine, or other bodily substance showed an
1-16 alcohol concentration of 0.15 or more, and that the person has
1-17 previously been convicted of an offense for which the person was
1-18 punished under Subsection (g), the offense is a felony of the third
1-19 degree.
1-20 SECTION 2. Sections 13(a), (b), and (i), Article 42.12, Code
1-21 of Criminal Procedure, are amended to read as follows:
1-22 (a) A judge granting community supervision to a defendant
1-23 convicted of an offense under Chapter 49, Penal Code, shall require
1-24 as a condition of community supervision that the defendant submit
2-1 to:
2-2 (1) not less than 72 hours [three days] of continuous
2-3 confinement in county jail if the defendant was punished under
2-4 Section 49.09(a);
2-5 (2) not less than 10 days of continuous confinement in
2-6 county jail if the defendant was punished under Section 49.09(b)
2-7 [or (c)]; [or]
2-8 (3) not less than 90 days of continuous confinement in
2-9 county jail, or not less than 30 days of continuous confinement in
2-10 county jail plus the completion of a course of conduct for the
2-11 rehabilitation of the defendant's drug or alcohol dependence
2-12 condition, if the defendant was punished under Section 49.09(g) or
2-13 (h);
2-14 (4) not less than 30 days of continuous confinement in
2-15 county jail if the defendant was convicted under Section 49.07; or
2-16 [and]
2-17 (5) not less than 120 days of continuous confinement
2-18 in county jail if the defendant was convicted under Section 49.08
2-19 [(2) an evaluation by a supervision officer or by a
2-20 person, program, or facility approved by the Texas Commission on
2-21 Alcohol and Drug Abuse for the purpose of having the facility
2-22 prescribe and carry out a course of conduct necessary for the
2-23 rehabilitation of the defendant's drug or alcohol dependence
2-24 condition].
2-25 (b) A judge granting community supervision to a defendant
2-26 convicted of an offense under Sections 49.04-49.08 [Section 49.08],
2-27 Penal Code, shall require as a condition of community supervision
3-1 that the defendant submit to an evaluation by a supervision officer
3-2 or by a person, program, or facility approved by the Texas
3-3 Commission on Alcohol and Drug Abuse for the purpose of having the
3-4 facility prescribe and supervise a course of conduct necessary for
3-5 the rehabilitation of the defendant's drug or alcohol dependence
3-6 condition [a period of confinement of not less than 120 days].
3-7 (i) If a person convicted of an offense under Sections
3-8 49.04-49.08, Penal Code, is placed on community supervision, the
3-9 court may require as a condition of community supervision that the
3-10 defendant have a device installed, on the motor vehicle owned by
3-11 the defendant or on the vehicle most regularly driven by the
3-12 defendant, that uses a deep-lung breath analysis mechanism to make
3-13 impractical the operation of the motor vehicle if ethyl alcohol is
3-14 detected in the breath of the operator and that the defendant not
3-15 operate any motor vehicle that is not equipped with that device.
3-16 If the person is convicted of an offense under Sections
3-17 49.04-49.06, Penal Code, and punished under Section 49.09(a), [or]
3-18 (b), (g), or (h), Penal Code, or of a second or subsequent offense
3-19 under Section 49.07 or 49.08, Penal Code, and the person after
3-20 conviction of either offense is placed on community supervision,
3-21 the court shall require as a condition of community supervision
3-22 that the defendant have the device installed on the appropriate
3-23 vehicle and that the defendant not operate any motor vehicle unless
3-24 the vehicle is equipped with that device. Before placing on
3-25 community supervision a person convicted of an offense under
3-26 Sections 49.04-49.08, Penal Code, the court shall determine from
3-27 criminal history record information maintained by the Department of
4-1 Public Safety whether the person has one or more previous
4-2 convictions under Sections 49.04-49.08, Penal Code, or has one
4-3 previous conviction under Sections 49.04-49.07, Penal Code, or one
4-4 previous conviction under Section 49.08, Penal Code. If the court
4-5 determines that the person has one or more such previous
4-6 convictions, the court shall require as a condition of community
4-7 supervision that the defendant have that device installed on the
4-8 motor vehicle owned by the defendant or on the vehicle most
4-9 regularly driven by the defendant and that the defendant not
4-10 operate any motor vehicle unless the vehicle is equipped with the
4-11 device described in this subsection. The court shall require the
4-12 defendant to obtain the device at the defendant's own cost before
4-13 the 30th day after the date of conviction unless the court finds
4-14 that to do so would not be in the best interest of justice and
4-15 enters its findings on record. The court shall require the
4-16 defendant to provide evidence to the court within the 30-day period
4-17 that the device has been installed on the appropriate vehicle and
4-18 order the device to remain installed on that vehicle for a period
4-19 not less than 50 percent of the supervision period. If the court
4-20 determines the offender is unable to pay for the device, the court
4-21 may impose a reasonable payment schedule not to exceed twice the
4-22 period of the court's order. The Department of Public Safety shall
4-23 approve devices for use under this subsection. Section 521.247,
4-24 Transportation Code, applies [The provisions of Section 23A(f),
4-25 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
4-26 (Article 6687b, Vernon's Texas Civil Statutes), apply] to the
4-27 approval of a device under this subsection and the consequences of
5-1 that approval. Notwithstanding the provisions of this section, if
5-2 a person is required to operate a motor vehicle in the course and
5-3 scope of the person's employment and if the vehicle is owned by the
5-4 employer, the person may operate that vehicle without installation
5-5 of an approved ignition interlock device if the employer has been
5-6 notified of that driving privilege restriction and if proof of that
5-7 notification is with the vehicle. This employment exemption does
5-8 not apply, however, if the business entity that owns the vehicle is
5-9 owned or controlled by the person whose driving privilege has been
5-10 restricted.
5-11 SECTION 3. The change in law made by this Act applies only
5-12 to an offense committed on or after the effective date of this Act.
5-13 An offense committed before the effective date of this Act is
5-14 covered by the law in effect when the offense was committed, and
5-15 the former law is continued in effect for that purpose. For
5-16 purposes of this section, an offense was committed before the
5-17 effective date of this Act if any element of the offense occurred
5-18 before that date.
5-19 SECTION 4. This Act takes effect September 1, 1999.
5-20 SECTION 5. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended.