1-1     By:  Jones of Dallas (Senate Sponsor - Cain)          H.B. No. 2926
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the period that an ignition interlock device must
 1-9     remain installed on the vehicle of a person placed on community
1-10     supervision for certain intoxication offenses.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 13(i), Article 42.12, Code of Criminal
1-13     Procedure, is amended to read as follows:
1-14           (i)  If a person convicted of an offense under Sections
1-15     49.04-49.08, Penal Code, is placed on community supervision, the
1-16     court may require as a condition of community supervision that the
1-17     defendant have a device installed, on the motor vehicle owned by
1-18     the defendant or on the vehicle most regularly driven by the
1-19     defendant, that uses a deep-lung breath analysis mechanism to make
1-20     impractical the operation of the motor vehicle if ethyl alcohol is
1-21     detected in the breath of the operator and that the defendant not
1-22     operate any motor vehicle that is not equipped with that device.
1-23     If the person is convicted of an offense under Sections
1-24     49.04-49.06, Penal Code, and punished under Section 49.09(a) or
1-25     (b), Penal Code, or of a second or subsequent offense under Section
1-26     49.07 or 49.08, Penal Code, and the person after conviction of
1-27     either offense is placed on community supervision, the court shall
1-28     require as a condition of community supervision that the defendant
1-29     have the device installed on the appropriate vehicle and that the
1-30     defendant not operate any motor vehicle unless the vehicle is
1-31     equipped with that device.  Before placing on community supervision
1-32     a person convicted of an offense under Sections 49.04-49.08, Penal
1-33     Code, the court shall determine from criminal history record
1-34     information maintained by the Department of Public Safety whether
1-35     the person has one or more previous convictions under Sections
1-36     49.04-49.08, Penal Code, or has one previous conviction under
1-37     Sections 49.04-49.07, Penal Code, or one previous conviction under
1-38     Section 49.08, Penal Code.  If the court determines that the person
1-39     has one or more such previous convictions, the court shall require
1-40     as a condition of community supervision that the defendant have
1-41     that device installed on the motor vehicle owned by the defendant
1-42     or on the vehicle most regularly driven by the defendant and that
1-43     the defendant not operate any motor vehicle unless the vehicle is
1-44     equipped with the device described in this subsection.  The court
1-45     shall require the defendant to obtain the device at the defendant's
1-46     own cost before the 30th day after the date of conviction unless
1-47     the court finds that to do so would not be in the best interest of
1-48     justice and enters its findings on record.  The court shall require
1-49     the defendant to provide evidence to the court within the 30-day
1-50     period that the device has been installed on the appropriate
1-51     vehicle and order the device to remain installed on that vehicle
1-52     until the expiration [for a period not less than 50 percent] of the
1-53     supervision period and to not be removed from the vehicle without a
1-54     written order issued by the court.  If the court determines the
1-55     offender is unable to pay for the device, the court may impose a
1-56     reasonable payment schedule not to exceed twice the period of the
1-57     court's order.  The Department of Public Safety shall approve
1-58     devices for use under this subsection. Section 521.247,
1-59     Transportation Code, applies to the approval of a device under this
1-60     subsection and the consequences of that approval.  A person may not
1-61     remove a device installed in a defendant's vehicle under this
1-62     subsection unless the person holds a written order authorizing the
1-63     removal issued by the court that ordered the device to be
1-64     installed.  Notwithstanding the provisions of this section, if a
 2-1     person is required to operate a motor vehicle in the course and
 2-2     scope of the person's employment and if the vehicle is owned by the
 2-3     employer, the person may operate that vehicle without installation
 2-4     of an approved ignition interlock device if the employer has been
 2-5     notified of that driving privilege restriction and if proof of that
 2-6     notification is with the vehicle.  This employment exemption does
 2-7     not apply, however, if the business entity that owns the vehicle is
 2-8     owned or controlled by the person whose driving privilege has been
 2-9     restricted.  A previous conviction may not be used for purposes of
2-10     restricting a person to the operation of a motor vehicle equipped
2-11     with an interlock ignition device under this subsection if:
2-12                 (1)  the previous conviction was a final conviction
2-13     under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code, and
2-14     was for an offense committed more than 10 years before the instant
2-15     offense for which the person was convicted and placed on community
2-16     supervision; and
2-17                 (2)  the person has not been convicted of an offense
2-18     under Section 49.04, 49.05, 49.06, 49.07, or 49.08 of that code,
2-19     committed within 10 years before the date on which the instant
2-20     offense for which the person was convicted and placed on community
2-21     supervision.
2-22           SECTION 2. (a)  This Act takes effect September 1, 2001.
2-23           (b)  The change in law made by this Act applies only to an
2-24     offense committed on or after September 1, 2001.
2-25           (c)  An offense committed before September 1, 2001, is
2-26     covered by the law in effect when the offense was committed, and
2-27     the former law is continued in effect for that purpose.  For
2-28     purposes of this section, an offense was committed before September
2-29     1, 2001, if any element of the offense was committed before that
2-30     date.
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