By Jones of Dallas H.B. No. 2926
77R6099 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the period that an ignition interlock device must
1-3 remain installed on the vehicle of a person placed on community
1-4 supervision for certain intoxication offenses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 13(i), Article 42.12, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 (i) If a person convicted of an offense under Sections
1-9 49.04-49.08, Penal Code, is placed on community supervision, the
1-10 court may require as a condition of community supervision that the
1-11 defendant have a device installed, on the motor vehicle owned by
1-12 the defendant or on the vehicle most regularly driven by the
1-13 defendant, that uses a deep-lung breath analysis mechanism to make
1-14 impractical the operation of the motor vehicle if ethyl alcohol is
1-15 detected in the breath of the operator and that the defendant not
1-16 operate any motor vehicle that is not equipped with that device.
1-17 If the person is convicted of an offense under Sections
1-18 49.04-49.06, Penal Code, and punished under Section 49.09(a) or
1-19 (b), Penal Code, or of a second or subsequent offense under Section
1-20 49.07 or 49.08, Penal Code, and the person after conviction of
1-21 either offense is placed on community supervision, the court shall
1-22 require as a condition of community supervision that the defendant
1-23 have the device installed on the appropriate vehicle and that the
1-24 defendant not operate any motor vehicle unless the vehicle is
2-1 equipped with that device. Before placing on community supervision
2-2 a person convicted of an offense under Sections 49.04-49.08, Penal
2-3 Code, the court shall determine from criminal history record
2-4 information maintained by the Department of Public Safety whether
2-5 the person has one or more previous convictions under Sections
2-6 49.04-49.08, Penal Code, or has one previous conviction under
2-7 Sections 49.04-49.07, Penal Code, or one previous conviction under
2-8 Section 49.08, Penal Code. If the court determines that the person
2-9 has one or more such previous convictions, the court shall require
2-10 as a condition of community supervision that the defendant have
2-11 that device installed on the motor vehicle owned by the defendant
2-12 or on the vehicle most regularly driven by the defendant and that
2-13 the defendant not operate any motor vehicle unless the vehicle is
2-14 equipped with the device described in this subsection. The court
2-15 shall require the defendant to obtain the device at the defendant's
2-16 own cost before the 30th day after the date of conviction unless
2-17 the court finds that to do so would not be in the best interest of
2-18 justice and enters its findings on record. The court shall require
2-19 the defendant to provide evidence to the court within the 30-day
2-20 period that the device has been installed on the appropriate
2-21 vehicle and order the device to remain installed on that vehicle
2-22 until the expiration [for a period not less than 50 percent] of the
2-23 supervision period and to not be removed from the vehicle without a
2-24 written order issued by the court. If the court determines the
2-25 offender is unable to pay for the device, the court may impose a
2-26 reasonable payment schedule not to exceed twice the period of the
2-27 court's order. The Department of Public Safety shall approve
3-1 devices for use under this subsection. Section 521.247,
3-2 Transportation Code, applies to the approval of a device under this
3-3 subsection and the consequences of that approval. A person may not
3-4 remove a device installed in a defendant's vehicle under this
3-5 subsection unless the person holds a written order authorizing the
3-6 removal issued by the court that ordered the device to be
3-7 installed. Notwithstanding the provisions of this section, if a
3-8 person is required to operate a motor vehicle in the course and
3-9 scope of the person's employment and if the vehicle is owned by the
3-10 employer, the person may operate that vehicle without installation
3-11 of an approved ignition interlock device if the employer has been
3-12 notified of that driving privilege restriction and if proof of that
3-13 notification is with the vehicle. This employment exemption does
3-14 not apply, however, if the business entity that owns the vehicle is
3-15 owned or controlled by the person whose driving privilege has been
3-16 restricted. A previous conviction may not be used for purposes of
3-17 restricting a person to the operation of a motor vehicle equipped
3-18 with an interlock ignition device under this subsection if:
3-19 (1) the previous conviction was a final conviction
3-20 under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code, and
3-21 was for an offense committed more than 10 years before the instant
3-22 offense for which the person was convicted and placed on community
3-23 supervision; and
3-24 (2) the person has not been convicted of an offense
3-25 under Section 49.04, 49.05, 49.06, 49.07, or 49.08 of that code,
3-26 committed within 10 years before the date on which the instant
3-27 offense for which the person was convicted and placed on community
4-1 supervision.
4-2 SECTION 2. (a) This Act takes effect September 1, 2001.
4-3 (b) The change in law made by this Act applies only to an
4-4 offense committed on or after September 1, 2001.
4-5 (c) An offense committed before September 1, 2001, is
4-6 covered by the law in effect when the offense was committed, and
4-7 the former law is continued in effect for that purpose. For
4-8 purposes of this section, an offense was committed before September
4-9 1, 2001, if any element of the offense was committed before that
4-10 date.