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.