SRC-BWC H.B. 2926 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2926
By: Jones, Jesse (Cain)
Criminal Justice
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, a court is authorized to order a defendant placed on
community supervision for alcohol related offenses to install in the motor
vehicle of the defendant a deep-lung breath analysis mechanism to make
impractical the operation of the motor vehicle if ethyl alcohol is detected
in the breath of the operator of the vehicle.  However, a court is only
required to order the installation of the device for 50 percent of the time
period of the community supervision and there are no current laws providing
for the removal of these devices.  H.B. 2926 extends the time period that a
court is required to order a defendant convicted of certain alcohol related
offenses to install the device in a motor vehicle and provides for the
removal of the device.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13 (i), Article 42.12, Code of Criminal
Procedure, to authorize a court, if a person convicted of an offense under
Sections 49.04 - 49.08, Penal Code, and is placed on community supervision,
to require as a condition of community supervision that the defendant have
a deep-lung breath analysis mechanism installed on certain vehicles.
Requires the court to require the defendant to provide evidence to the
court within the 30-day period that the device has been installed on the
appropriate vehicle and order the device to remain installed on that
vehicle until the expiration, rather than for a period not less than 50
percent, of the supervision period and to not be removed from the vehicle
without a written order issued by the court.  Prohibits a person from
removing a device installed in a defendant's vehicle under this section
unless the person holds a written order authorizing the removal issued by
the court that ordered the device to be installed. 

SECTION 2.   Effective date: September 1, 2001.
             Makes application of this Act prospective.