By Talton H.B. No. 1594
76R3726 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for certain intoxication offenses and the
1-3 conditions for release of a defendant charged with or convicted of
1-4 those offenses, including the use of an ignition interlock device.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 38, Penal Code, is amended by adding
1-7 Section 38.17 to read as follows:
1-8 Sec. 38.17. CIRCUMVENTING DEVICE DESIGNED TO PREVENT DRIVING
1-9 WHILE INTOXICATED. (a) In this section, "device" means a device
1-10 approved by the Texas Department of Public Safety under Section
1-11 521.247, Transportation Code, that makes impractical the operation
1-12 of a motor vehicle if ethyl alcohol is detected in the breath of
1-13 the operator.
1-14 (b) A person commits an offense if the person, for the
1-15 purpose of allowing to operate a motor vehicle a person required to
1-16 have a device installed on the vehicle as a term of release on
1-17 bond, a condition of community supervision, or a driver's license
1-18 restriction, knowingly:
1-19 (1) fails to have the device installed, monitored, or
1-20 calibrated as required by law;
1-21 (2) bypasses the device or tampers with the device in
1-22 a manner likely to affect the ability of the device to function
1-23 properly;
1-24 (3) introduces or allows to be introduced into the
2-1 device any substance other than the person's breath; or
2-2 (4) operates another motor vehicle that is not
2-3 equipped with a device.
2-4 (c) Except as otherwise provided by Subsection (d), an
2-5 offense under this section is a Class B misdemeanor.
2-6 (d) An offense under Subsection (b)(3) is a Class A
2-7 misdemeanor if the person authorizes or induces another person
2-8 younger than 18 years of age to introduce the other person's breath
2-9 into the device.
2-10 (e) It is an exception to the application of Subsection
2-11 (b)(4) that at the time of the commission of the offense, with
2-12 respect to the person required to have a device installed as a term
2-13 of release on bond, a condition of community supervision, or a
2-14 driver's license restriction:
2-15 (1) the person is required to operate the motor
2-16 vehicle in the course and scope of the person's employment;
2-17 (2) the person is operating the vehicle in the course
2-18 and scope of the person's employment;
2-19 (3) the vehicle is owned by the person's employer;
2-20 (4) the employer is not owned or controlled by the
2-21 person;
2-22 (5) the person has provided written notice to the
2-23 employer that the person is required to have a device installed on
2-24 the motor vehicle owned by the person or on the vehicle most
2-25 regularly operated by the person; and
2-26 (6) the person is carrying a copy of that notice in
2-27 the vehicle.
3-1 SECTION 2. Section 49.09(a), Penal Code, is amended to read
3-2 as follows:
3-3 (a) If it is shown on the trial of an offense under Section
3-4 49.04, 49.05, or 49.06 that the person has previously been
3-5 convicted one time of an offense relating to the operating of a
3-6 motor vehicle while intoxicated, an offense of operating an
3-7 aircraft while intoxicated, or an offense of operating a watercraft
3-8 while intoxicated, the offense is a Class A misdemeanor, with a
3-9 minimum term of continuous confinement of 15 [30] days.
3-10 SECTION 3. Article 17.03(c), Code of Criminal Procedure, is
3-11 amended to read as follows:
3-12 (c) When setting a personal bond under this chapter, on
3-13 reasonable belief by the investigating or arresting law enforcement
3-14 agent or any magistrate, including the magistrate who releases the
3-15 defendant on personal bond or the magistrate of the court in which
3-16 the defendant's case is pending, of the presence of a controlled
3-17 substance in the defendant's body or on the finding of drug or
3-18 alcohol abuse related to the offense for which the defendant is
3-19 charged, the court or a magistrate shall require as a condition of
3-20 personal bond, if the condition will serve to reasonably assure the
3-21 appearance of the defendant for trial or to protect the public
3-22 safety, that the defendant:
3-23 (1) submit to testing for alcohol or a controlled
3-24 substance in the defendant's body and participate in an alcohol or
3-25 drug abuse treatment or education program;
3-26 (2) comply with each condition of release required by
3-27 Article 17.441, regardless of whether the defendant is charged with
4-1 an offense under Chapter 49, Penal Code; or
4-2 (3) satisfy the requirements of both Subdivisions (1)
4-3 and (2) [if such a condition will serve to reasonably assure the
4-4 appearance of the defendant for trial].
4-5 SECTION 4. Article 17.441, Code of Criminal Procedure, is
4-6 amended to read as follows:
4-7 Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION
4-8 INTERLOCK. (a) Except as provided by Subsection (b), a magistrate
4-9 shall require on release that a defendant charged with an offense
4-10 under Section 49.04, 49.05, or 49.06, Penal Code, for whom an
4-11 analysis of breath, blood, or other bodily substance showed an
4-12 alcohol concentration of 0.15 or more, a defendant charged with a
4-13 second or subsequent offense under one of those sections within 10
4-14 years before the date of the previous conviction [Sections
4-15 49.04-49.06, Penal Code,] or a defendant charged with an offense
4-16 under Section 49.07 or 49.08, Penal Code [of that code]:
4-17 (1) have installed on the motor vehicle owned by the
4-18 defendant or on the vehicle most regularly operated [driven] by the
4-19 defendant, a device that uses a deep-lung breath analysis mechanism
4-20 to make impractical the operation of a motor vehicle if ethyl
4-21 alcohol is detected in the breath of the operator; and
4-22 (2) not operate any motor vehicle unless the vehicle
4-23 is equipped with such a [that] device.
4-24 (b) The magistrate is not required to prohibit a defendant
4-25 from operating a motor vehicle that is [may] not equipped with
4-26 [require] the [installation of the] device if:
4-27 (1) the defendant is required to operate the motor
5-1 vehicle in the course and scope of the defendant's employment;
5-2 (2) the vehicle is owned by the defendant's employer;
5-3 (3) the employer is not owned or controlled by the
5-4 defendant;
5-5 (4) the magistrate requires the defendant to provide
5-6 to the employer written notice that the defendant is required to
5-7 have a device installed on the motor vehicle owned by the defendant
5-8 or on the vehicle most regularly operated by the defendant; and
5-9 (5) the magistrate requires the defendant to carry a
5-10 copy of that notice in the vehicle at any time the defendant is
5-11 operating the vehicle [the magistrate finds that to require the
5-12 device would not be in the best interest of justice].
5-13 (c) If the defendant is required to have the device
5-14 installed, the magistrate shall require [that] the defendant to
5-15 have the device installed on the appropriate motor vehicle, at the
5-16 defendant's expense, before the seventh [30th] day after the date
5-17 the defendant is released on bond and to apply for a restricted
5-18 license under Section 521.2465, Transportation Code, before the
5-19 30th day after the date of the notice provided under that section.
5-20 (d) The magistrate shall [may] designate an appropriate
5-21 county monitoring agency or entity to verify the installation of
5-22 the device and to monitor the defendant's compliance with this
5-23 article and shall notify the agency or entity of the designation
5-24 [device]. In a county for which there is no personal bond pretrial
5-25 release office or similar agency, the judge may designate a
5-26 specific vendor approved by the Department of Public Safety to
5-27 monitor the defendant's compliance.
6-1 (e) The magistrate shall send a copy of the magistrate's
6-2 order requiring installation of the device to the Department of
6-3 Public Safety. The defendant shall provide a copy of the
6-4 magistrate's order to the designated monitor and shall report to
6-5 and provide an additional copy of the order, as necessary to an
6-6 interlock ignition device vendor approved by the Department of
6-7 Public Safety for installation of the device. The defendant shall
6-8 report to the vendor at least once every 30 days for data
6-9 collection and for inspection and calibration of the device, and
6-10 shall pay to the vendor the service fee required by the defendant's
6-11 contract with the vendor.
6-12 (f) The vendor shall make available on request by the
6-13 monitor or by the magistrate daily activity data collected and
6-14 maintained by the device. The monitor shall verify installation of
6-15 the device and shall report any violation of this article or of the
6-16 magistrate's order to the magistrate. The vendor shall take action
6-17 as necessary to ensure that the effective operation of the device
6-18 is properly maintained and shall report to the monitor regarding
6-19 any failure of the defendant to timely report or to otherwise
6-20 comply with the conditions of this article.
6-21 (g) The defendant shall pay a fee of $10 to the monitor at
6-22 the time the monitor verifies the installation, unless the monitor
6-23 is also the vendor, in which event the collection of fees is
6-24 governed by the defendant's contract with the vendor. The monitor
6-25 may charge and collect from the defendant an additional fee in an
6-26 amount not to exceed $25 to cover the cost of reporting a violation
6-27 to the magistrate under this article, unless the monitor is also
7-1 the vendor, in which event the collection of fees is governed by
7-2 the defendant's contract with the vendor.
7-3 (h) A device installed under this article must comply with
7-4 each rule adopted by the Department of Public Safety under Section
7-5 521.247, Transportation Code.
7-6 (i) If the court in which the defendant's case is pending
7-7 discovers that a magistrate failed to comply with Subsection
7-8 (a)(1), the court shall order the defendant to appear before the
7-9 court not later than the 15th day after the date the court
7-10 discovers the failure. At the appearance, the court shall order
7-11 the defendant to have a device described by Subsection (a)(1)
7-12 installed in the appropriate vehicle as required by this article,
7-13 except that the seven-day installation requirement runs from the
7-14 date of the appearance.
7-15 SECTION 5. Sections 13(a) and (b), Article 42.12, Code of
7-16 Criminal Procedure, are amended to read as follows:
7-17 (a) A judge granting community supervision to a defendant
7-18 convicted of an offense under Chapter 49, Penal Code, shall require
7-19 as a condition of community supervision that the defendant submit
7-20 to:
7-21 (1) not less than 72 hours [three days] of continuous
7-22 confinement in county jail or a community corrections facility if
7-23 the defendant was punished under Section 49.09(a);
7-24 (2) not less than 10 days of continuous confinement in
7-25 county jail or a community corrections facility if the defendant
7-26 was punished under Section 49.09(b) [or (c)]; [or]
7-27 (3) not less than 30 days of continuous confinement in
8-1 county jail or a community corrections facility if the defendant
8-2 was convicted under Section 49.07; or [and]
8-3 (4) not less than 120 days of continuous confinement
8-4 in county jail or a community corrections facility if the defendant
8-5 was convicted under Section 49.08
8-6 [(2) an evaluation by a supervision officer or by a
8-7 person, program, or facility approved by the Texas Commission on
8-8 Alcohol and Drug Abuse for the purpose of having the facility
8-9 prescribe and carry out a course of conduct necessary for the
8-10 rehabilitation of the defendant's drug or alcohol dependence
8-11 condition].
8-12 (b) A judge granting community supervision to a defendant
8-13 convicted of an offense under Sections 49.04-49.08 [Section 49.08],
8-14 Penal Code, shall require as a condition of community supervision
8-15 that the defendant submit to an evaluation by a supervision officer
8-16 or by a person, program, or facility approved by the Texas
8-17 Commission on Alcohol and Drug Abuse for the purpose of having the
8-18 facility prescribe and supervise a course of conduct necessary for
8-19 the rehabilitation of the defendant's drug or alcohol dependence
8-20 condition [a period of confinement of not less than 120 days].
8-21 SECTION 6. Section 13(i), Article 42.12, Code of Criminal
8-22 Procedure, is amended to read as follows:
8-23 (i) If a defendant [person] convicted of an offense under
8-24 Section 49.04, 49.05, or 49.06 [Sections 49.04-49.08], Penal Code,
8-25 is placed on community supervision, regardless of whether an
8-26 analysis was made of the defendant's alcohol concentration, the
8-27 court may require as a condition of community supervision that the
9-1 defendant have a device installed, on the motor vehicle owned by
9-2 the defendant or on the vehicle most regularly operated [driven] by
9-3 the defendant, that uses a deep-lung breath analysis mechanism to
9-4 make impractical the operation of the motor vehicle if ethyl
9-5 alcohol is detected in the breath of the operator and that the
9-6 defendant not operate any motor vehicle that is not equipped with
9-7 that device. If the defendant [person] is convicted of an offense
9-8 under Section 49.04, 49.05, or 49.06 [Sections 49.04-49.06], Penal
9-9 Code, and an analysis of the defendant's breath, blood, or other
9-10 bodily substance showed an alcohol concentration of 0.15 or more,
9-11 or if the defendant is convicted of a second or subsequent offense
9-12 under one of those sections within 10 years before the date of the
9-13 previous conviction [and punished under Section 49.09(a) or (b),
9-14 Penal Code,] or is convicted of an [a second or subsequent] offense
9-15 under Section 49.07 or 49.08, Penal Code, and the person after
9-16 conviction of the [either] offense is placed on community
9-17 supervision, the court shall require as a condition of community
9-18 supervision that the defendant have the device installed on the
9-19 appropriate vehicle, regardless of whether the defendant intends to
9-20 operate the vehicle, and that the defendant not operate any motor
9-21 vehicle unless the vehicle is equipped with that device. For the
9-22 purposes of complying with this subsection, before [Before] placing
9-23 on community supervision a defendant [person] convicted of an
9-24 offense under Section 49.04, 49.05, or 49.06 [Sections
9-25 49.04-49.08], Penal Code, the court shall verify whether an
9-26 analysis of the defendant's breath, blood, or other bodily
9-27 substance showed an alcohol concentration of 0.15 or more and shall
10-1 determine from criminal history record information maintained by
10-2 the Department of Public Safety whether the defendant [person] has
10-3 one or more previous convictions under any one of those sections
10-4 within the preceding 10 years [Sections 49.04-49.08, Penal Code, or
10-5 has one previous conviction under Sections 49.04-49.07, Penal Code,
10-6 or one previous conviction under Section 49.08, Penal Code. If the
10-7 court determines that the person has one or more such previous
10-8 convictions, the court shall require as a condition of community
10-9 supervision that the defendant have that device installed on the
10-10 motor vehicle owned by the defendant or on the vehicle most
10-11 regularly driven by the defendant and that the defendant not
10-12 operate any motor vehicle unless the vehicle is equipped with the
10-13 device described in this subsection]. If a court requires a
10-14 defendant to have a device installed as a condition of community
10-15 supervision under this subsection, the [The] court shall require
10-16 the defendant to have [obtain] the device installed on the
10-17 appropriate motor vehicle at the defendant's expense, [own cost]
10-18 before the seventh [30th] day after the date of conviction and to
10-19 apply for a restricted license under Section 521.2465,
10-20 Transportation Code, before the 30th day after the date of the
10-21 notice provided under that section [unless the court finds that to
10-22 do so would not be in the best interest of justice and enters its
10-23 findings on record]. The court shall designate the community
10-24 supervision and corrections department or another appropriate
10-25 county monitoring agency to verify the installation of the device
10-26 and to monitor the defendant's compliance with this subsection and
10-27 shall notify the department or agency of the designation. The
11-1 court shall require the defendant to provide evidence to the court
11-2 or to the monitoring agency before the 30th day after the date of
11-3 sentencing [within the 30-day period] that the device has been
11-4 installed on the appropriate vehicle and shall order the defendant
11-5 to maintain installation of the device [to remain installed] on
11-6 that vehicle for a period not less than 50 percent of the
11-7 supervision period. For any term of community supervision
11-8 exceeding 18 months, the judge shall order the defendant to
11-9 maintain installation of the device for a period of not less than
11-10 18 months. The court shall send a copy of the court's order
11-11 requiring installation of the device to the Department of Public
11-12 Safety. The defendant shall provide a copy of the court's order to
11-13 the designated monitor and shall report to and provide an
11-14 additional copy of the order to an ignition interlock device vendor
11-15 approved by the Department of Public Safety. The defendant shall
11-16 report to the vendor at least once every 30 days for data
11-17 collection and for inspection and calibration of the device and
11-18 shall pay to the vendor the service fee required by the defendant's
11-19 contract with the vendor. The vendor shall make available on
11-20 request by the monitor or by the court daily activity data
11-21 collected and maintained by the device. The monitor shall verify
11-22 installation of the device and shall report any violation of this
11-23 article or of the court's order to the court. The vendor shall
11-24 take action as necessary to ensure that the effective operation of
11-25 the device is properly maintained and shall report to the monitor
11-26 regarding any failure of the defendant to timely report or to
11-27 otherwise comply with the conditions of this subsection. The
12-1 defendant shall pay a fee of $10 to the monitor at the time the
12-2 monitor verifies the installation. The monitor may charge and
12-3 collect from the defendant an additional fee in an amount not to
12-4 exceed $25 to cover the cost of reporting a violation to the court
12-5 under this subsection. If the court determines the defendant
12-6 [offender] is unable to pay for installation, monitoring, or
12-7 calibration of the device, the court may impose a reasonable
12-8 payment schedule not to exceed twice the period of the court's
12-9 order. A device installed under this subsection must comply with
12-10 each rule adopted by the [The] Department of Public Safety [shall
12-11 approve devices for use] under [this subsection. The provisions
12-12 of] Section 521.247, Transportation Code [23A(f), Chapter 173, Acts
12-13 of the 47th Legislature, Regular Session, 1941 (Article 6687b,
12-14 Vernon's Texas Civil Statutes), apply to the approval of a device
12-15 under this subsection and the consequences of that approval].
12-16 Notwithstanding the preceding provisions of this subsection
12-17 [section], [if] a person [is required to operate a motor vehicle in
12-18 the course and scope of the person's employment and if the vehicle
12-19 is owned by the employer, the person] may operate a motor [that]
12-20 vehicle without installation of an approved ignition interlock
12-21 device if the person is required to operate the motor vehicle in
12-22 the course and scope of the person's employment, the vehicle is
12-23 owned by the person's employer, the employer is not owned or
12-24 controlled by the person, the court requires the person to provide
12-25 to the employer written notice that the person is required to have
12-26 a device installed on the motor vehicle owned by the person or on
12-27 the vehicle most regularly operated by the person, and the court
13-1 requires the person to carry a copy [has been notified of that
13-2 driving privilege restriction and if proof] of that notice in
13-3 [notification is with] the vehicle at any time the person is
13-4 operating the vehicle. [This employment exemption does not apply,
13-5 however, if the business entity that owns the vehicle is owned or
13-6 controlled by the person whose driving privilege has been
13-7 restricted.]
13-8 SECTION 7. Sections 13(k) and (l), Article 42.12, Code of
13-9 Criminal Procedure, are amended to read as follows:
13-10 (k)(1) Except as provided by Subdivision (2) of this
13-11 subsection, notwithstanding [Notwithstanding] Section 521.344(d),
13-12 Transportation Code [24(g), Chapter 173, Acts of the 47th
13-13 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
13-14 Civil Statutes)], if the judge, under Subsection (h) or (j) of this
13-15 section, permits or requires a defendant punished under Section
13-16 49.09, Penal Code, to attend an educational program as a condition
13-17 of community supervision, or waives the required attendance for
13-18 such a program, and the defendant has previously been required to
13-19 attend such a program, or the required attendance at the program
13-20 had been waived, the judge nonetheless shall order the suspension
13-21 of the driver's license, permit, or operating privilege of that
13-22 person for a period determined by the judge according to the
13-23 following schedule:
13-24 (A) [(1)] not less than 90 days or more than 365
13-25 days, if the defendant is convicted under Section 49.04, 49.05,
13-26 49.06, 49.07, or 49.08 [Sections 49.04-49.08], Penal Code; or
13-27 (B) [(2)] not less than 180 days or more than
14-1 two years, if the defendant is punished under Section 49.09, Penal
14-2 Code.
14-3 (2) Subdivision (1) of this subsection does not apply
14-4 to a defendant placed on community supervision and required as a
14-5 condition of community supervision to not operate a motor vehicle
14-6 unless the vehicle is equipped with the device described by
14-7 Subsection (i) of this section.
14-8 (l)(1) Except as provided by Subdivision (2) of this
14-9 subsection, if [If] the Department of Public Safety receives notice
14-10 that a defendant has been required or permitted to attend a
14-11 subsequent educational program under Subsection (h), (j), or (k) of
14-12 this section, although the previously required attendance had been
14-13 waived, but the judge has not ordered a period of suspension, the
14-14 department shall suspend the defendant's driver's license, permit,
14-15 or operating privilege, or shall issue an order prohibiting the
14-16 defendant from obtaining a license or permit for a period of 365
14-17 days.
14-18 (2) Subdivision (1) of this subsection does not apply
14-19 to a defendant placed on community supervision and required as a
14-20 condition of community supervision to not operate a motor vehicle
14-21 unless the vehicle is equipped with the device described by
14-22 Subsection (i) of this section.
14-23 SECTION 8. Section 509.004(a), Government Code, is amended
14-24 to read as follows:
14-25 (a) The division shall require each department to:
14-26 (1) keep financial and statistical records determined
14-27 necessary by the division;
15-1 (2) submit a community justice plan and all supporting
15-2 information requested by the division;
15-3 (3) present data requested by the division as
15-4 necessary to determine the amount of state aid for which the
15-5 department is eligible;
15-6 (4) submit periodic financial audits and statistical
15-7 reports to the division;
15-8 (5) submit periodic data to the division on the
15-9 required use of devices that use a deep-lung breath analysis
15-10 mechanism [mechanisms] to make impractical the operation of a motor
15-11 vehicle if ethyl alcohol is detected in the breath of the operator,
15-12 including the number of devices in use, the number of violations
15-13 detected and reported, the number of reported [malfunctions by the
15-14 devices, and] attempts to circumvent the devices, and a description
15-15 of the actions taken by the court as a result of reported
15-16 violations or reported attempts to circumvent the devices; and
15-17 (6) submit to the Department of Public Safety the full
15-18 name, address, date of birth, social security number, and driver's
15-19 license number of each person restricted to the operation of a
15-20 motor vehicle equipped with a device that uses a deep-lung breath
15-21 analysis mechanism to make impractical the operation of the motor
15-22 vehicle if ethyl alcohol is detected in the breath of the
15-23 restricted operator.
15-24 SECTION 9. Section 521.246, Transportation Code, is amended
15-25 to read as follows:
15-26 Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT.
15-27 (a) If the person's license has been suspended after a conviction
16-1 under Section 49.04, 49.05 [49.07], or 49.06 [49.08], Penal Code,
16-2 the judge, before signing an order, shall determine whether an
16-3 analysis of the person's breath, blood, or other bodily substance
16-4 showed an alcohol concentration of 0.15 or more and shall determine
16-5 from the criminal history record information maintained by the
16-6 department whether the person has one or more [any] previous
16-7 convictions [conviction] under any one of those sections within 10
16-8 years before the date of the previous conviction [those laws]. If
16-9 an analysis showed an alcohol concentration of 0.15 or more or if
16-10 the person has such a previous conviction, the judge shall restrict
16-11 the person to operation of a motor vehicle equipped with an
16-12 ignition interlock device.
16-13 (b) If [As part of the order the judge may restrict the
16-14 person to the operation of a motor vehicle equipped with an
16-15 ignition interlock device if the judge determines that] the
16-16 person's license has been suspended following a conviction under
16-17 Section [49.04,] 49.07[,] or 49.08, Penal Code, the judge shall
16-18 restrict the person to operation of a motor vehicle equipped with
16-19 an ignition interlock device. [As part of the order, the judge
16-20 shall restrict the person to the operation of a motor vehicle
16-21 equipped with an ignition interlock device if the judge determines
16-22 that:]
16-23 [(1) the person has two or more convictions under any
16-24 combination of Section 49.04, 49.07, or 49.08, Penal Code; or]
16-25 [(2) the person's license has been suspended after a
16-26 conviction under Section 49.04, Penal Code, for which the person
16-27 has been punished under Section 49.09, Penal Code.]
17-1 (c) A judge who restricts a person to the operation of a
17-2 motor vehicle equipped with an ignition interlock device shall
17-3 impose on the person each condition of release that must be imposed
17-4 on a person as a condition of release on community supervision
17-5 under Section 13(i), Article 42.12, Code of Criminal Procedure [The
17-6 person shall obtain the ignition interlock device at the person's
17-7 own expense unless the court finds that to do so is not in the best
17-8 interest of justice and enters that finding in the record. If the
17-9 court determines that the person is unable to pay for the device,
17-10 the court may impose a reasonable payment schedule for a term not
17-11 to exceed twice the period of the court's order].
17-12 (d) [The court shall order the ignition interlock device to
17-13 remain installed for at least half of the period of supervision.]
17-14 [(e)] A person to whom this section applies may operate a
17-15 motor vehicle without the installation of an approved ignition
17-16 interlock device if:
17-17 (1) the person is required to operate a motor vehicle
17-18 in the course and scope of the person's employment;
17-19 (2) the vehicle is owned by the person's employer;
17-20 (3) the employer is not owned or controlled by the
17-21 person whose operating [driving] privilege is restricted;
17-22 (4) the court requires the person to provide to the
17-23 employer written notice that the person is required to have a
17-24 device installed on the motor vehicle owned by the person or on the
17-25 vehicle most regularly operated by the person [is notified of the
17-26 driving privilege restriction]; and
17-27 (5) the court requires the person to carry a copy
18-1 [proof] of that notice in [notification is with] the vehicle at
18-2 any time the person is operating the vehicle.
18-3 SECTION 10. (a) This Act takes effect September 1, 1999.
18-4 (b) The changes in law made by Sections 2, 5, 6, 7, and 9 of
18-5 this Act apply only to a person convicted of an offense committed
18-6 on or after the effective date of this Act. An offense committed
18-7 before the effective date of this Act is covered by the law in
18-8 effect when the offense was committed, and the former law is
18-9 continued in effect for that purpose. For purposes of this
18-10 subsection, an offense was committed before the effective date of
18-11 this Act if any element of the offense occurred before that date.
18-12 SECTION 11. The importance of this legislation and the
18-13 crowded condition of the calendars in both houses create an
18-14 emergency and an imperative public necessity that the
18-15 constitutional rule requiring bills to be read on three several
18-16 days in each house be suspended, and this rule is hereby suspended.