By Solomons                                           H.B. No. 3324
         77R6100 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement that an ignition interlock device be
 1-3     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)  Except as provided by this subsection, if a defendant
 1-9     [If a person] convicted of an offense under Sections 49.04-49.08,
1-10     Penal Code, is placed on community supervision, the court may
1-11     require as a condition of community supervision that the defendant
1-12     have a device installed, on the motor vehicle owned by the
1-13     defendant or on the vehicle most regularly driven by the defendant,
1-14     that uses a deep-lung breath analysis mechanism to make impractical
1-15     the operation of the motor vehicle if ethyl alcohol is detected in
1-16     the breath of the operator and that the defendant not operate any
1-17     motor vehicle that is not equipped with that device.  If the
1-18     defendant [person] is convicted of an offense under Sections
1-19     49.04-49.08 [49.04-49.06], Penal Code, and an analysis of the
1-20     defendant's blood or breath showed an alcohol concentration of 0.15
1-21     or more, is convicted of an offense under Sections 49.04-49.06,
1-22     Penal Code, and punished under Section 49.09(a) or (b) of that
1-23     code, [Penal Code,] or is convicted of a second or subsequent
1-24     offense under Section 49.07 or 49.08, Penal Code, and the defendant
 2-1     [person] after conviction of the [either] offense is placed on
 2-2     community supervision, the court shall require as a condition of
 2-3     community supervision that the defendant have the device installed
 2-4     on the appropriate vehicle and that the defendant not operate any
 2-5     motor vehicle unless the vehicle is equipped with that device.  For
 2-6     the purpose of complying with this subsection, before [Before]
 2-7     placing on community supervision a defendant [person] convicted of
 2-8     an offense under Sections 49.04-49.08, Penal Code, the court shall
 2-9     verify whether an analysis of the defendant's blood or breath
2-10     showed an alcohol concentration of 0.15 or more and shall determine
2-11     from criminal history record information maintained by the
2-12     Department of Public Safety whether the defendant [person] has one
2-13     or more previous convictions under Sections 49.04-49.08, Penal
2-14     Code, or has one previous conviction under Sections 49.04-49.07,
2-15     Penal Code, or one previous conviction under Section 49.08, Penal
2-16     Code.  If the court verifies that an analysis of the defendant's
2-17     blood or breath showed an alcohol concentration of 0.15 or more or
2-18     determines that the defendant [person] has one or more such
2-19     previous convictions, the court shall require as a condition of
2-20     community supervision that the defendant have that device installed
2-21     on the motor vehicle owned by the defendant or on the vehicle most
2-22     regularly driven by the defendant and that the defendant not
2-23     operate any motor vehicle unless the vehicle is equipped with the
2-24     device described in this subsection.  The court shall require the
2-25     defendant to obtain the device at the defendant's own cost before
2-26     the 30th day after the date of conviction unless the court finds
2-27     that to do so would not be in the best interest of justice and
 3-1     enters its findings on record.  The court shall require the
 3-2     defendant to provide evidence to the court within the 30-day period
 3-3     that the device has been installed on the appropriate vehicle and
 3-4     order the device to remain installed on that vehicle for a period
 3-5     not less than 50 percent of the supervision period.  If the court
 3-6     determines the defendant [offender] is unable to pay for the
 3-7     device, the court may impose a reasonable payment schedule not to
 3-8     exceed twice the period of the court's order.  The Department of
 3-9     Public Safety shall approve devices for use under this subsection.
3-10     Section 521.247, Transportation Code, applies to the approval of a
3-11     device under this subsection and the consequences of that approval.
3-12     Notwithstanding the provisions of this section, if a defendant
3-13     [person] is required to operate a motor vehicle in the course and
3-14     scope of the defendant's [person's] employment and if the vehicle
3-15     is owned by the employer, the defendant [person] may operate that
3-16     vehicle without installation of an approved ignition interlock
3-17     device if the employer has been notified of that driving privilege
3-18     restriction and if proof of that notification is with the vehicle.
3-19     This employment exemption does not apply, however, if the business
3-20     entity that owns the vehicle is owned or controlled by the
3-21     defendant [person] whose driving privilege has been restricted.  A
3-22     previous conviction may not be used for purposes of restricting a
3-23     person to the operation of a motor vehicle equipped with an
3-24     interlock ignition device under this subsection if:
3-25                 (1)  the previous conviction was a final conviction
3-26     under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code, and
3-27     was for an offense committed more than 10 years before the instant
 4-1     offense for which the defendant [person] was convicted and placed
 4-2     on community supervision; and
 4-3                 (2)  the defendant [person] has not been convicted of
 4-4     an offense under Section 49.04, 49.05, 49.06, 49.07, or 49.08 of
 4-5     that code, committed within 10 years before the date on which the
 4-6     instant offense for which the defendant [person] was convicted and
 4-7     placed on community supervision.
 4-8           SECTION 2.  (a)  This Act takes effect September 1, 2001.
 4-9           (b)  The change in law made by this Act applies only to an
4-10     offense committed on or after September 1, 2001.
4-11           (c)  An offense committed before September 1, 2001, is
4-12     covered by the law in effect when the offense was committed, and
4-13     the former law is continued in effect for that purpose.  For
4-14     purposes of this section, an offense was committed before September
4-15     1, 2001, if any element of the offense was committed before that
4-16     date.