|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the installation and disabling or removal of an |
|
ignition interlock device. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 17.441(c), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(c) If the defendant is required to have the device |
|
installed, the magistrate shall require that the defendant have the |
|
device installed on the appropriate motor vehicle, at the |
|
defendant's expense, not later than the third business [before the
|
|
30th] day after the date the defendant is released on bond. |
|
SECTION 2. Section 13(i), Article 42.12, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(i) If a person convicted of an offense under Sections |
|
49.04-49.08, Penal Code, is placed on community supervision, the |
|
court may require as a condition of community supervision that the |
|
defendant have a device installed, on the motor vehicle owned by the |
|
defendant or on the vehicle most regularly driven by the defendant, |
|
that uses 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 and that the defendant not operate any |
|
motor vehicle that is not equipped with that device. If it is shown |
|
on the trial of the offense that an analysis of a specimen of the |
|
person's blood, breath, or urine showed an alcohol concentration |
|
level of 0.15 or more at the time the analysis was performed, or if |
|
the person is convicted of an offense under Sections 49.04-49.06, |
|
Penal Code, and punished under Section 49.09(a) or (b), Penal Code, |
|
or of a second or subsequent offense under Section 49.07 or 49.08, |
|
Penal Code, and the person after conviction of either offense is |
|
placed on community supervision, the court shall require as a |
|
condition of community supervision that the defendant have the |
|
device installed on the appropriate vehicle and that the defendant |
|
not operate any motor vehicle unless the vehicle is equipped with |
|
that device. Before placing on community supervision a person |
|
convicted of an offense under Sections 49.04-49.08, Penal Code, the |
|
court shall determine from criminal history record information |
|
maintained by the Department of Public Safety whether the person |
|
has one or more previous convictions under Sections 49.04-49.08, |
|
Penal Code, or has one previous conviction under Sections |
|
49.04-49.07, Penal Code, or one previous conviction under Section |
|
49.08, Penal Code. If it is shown on the trial of the offense that |
|
an analysis of a specimen of the person's blood, breath, or urine |
|
showed an alcohol concentration level of 0.15 or more at the time |
|
the analysis was performed, or if the court determines that the |
|
person has one or more such previous convictions, the court shall |
|
require as a condition of community supervision that the defendant |
|
have that device installed on the motor vehicle owned by the |
|
defendant or on the vehicle most regularly driven by the defendant |
|
and that the defendant not operate any motor vehicle unless the |
|
vehicle is equipped with the device described in this |
|
subsection. The court shall require the defendant to obtain the |
|
device at the defendant's own cost not later than the third business |
|
[before the 30th] day after the date of conviction unless the court |
|
finds that to do so would not be in the best interest of justice and |
|
enters its findings on record. The court shall require the |
|
defendant to promptly 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 for a period not less than 50 percent of the |
|
supervision period. If the court determines the offender is unable |
|
to pay for the device, the court may impose a reasonable payment |
|
schedule not to exceed twice the period of the court's order. The |
|
Department of Public Safety shall approve devices for use under |
|
this subsection. Section 521.247, Transportation Code, applies to |
|
the approval of a device under this subsection and the consequences |
|
of that approval. Notwithstanding the provisions of this section, |
|
if a person is required to operate a motor vehicle in the course and |
|
scope of the person's employment and if the vehicle is owned by the |
|
employer, the person may operate that vehicle without installation |
|
of an approved ignition interlock device if the employer has been |
|
notified of that driving privilege restriction and if proof of that |
|
notification is with the vehicle. This employment exemption does |
|
not apply, however, if the business entity that owns the vehicle is |
|
owned or controlled by the person whose driving privilege has been |
|
restricted. A previous conviction may not be used for purposes of |
|
restricting a person to the operation of a motor vehicle equipped |
|
with an interlock ignition device under this subsection if: |
|
(1) the previous conviction was a final conviction |
|
under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal |
|
Code, and was for an offense committed more than 10 years before the |
|
instant offense for which the person was convicted and placed on |
|
community supervision; and |
|
(2) the person has not been convicted of an offense |
|
under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08 of that |
|
code, committed within 10 years before the date on which the instant |
|
offense for which the person was convicted and placed on community |
|
supervision. |
|
SECTION 3. Section 521.246(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) The court shall require the ignition interlock device to |
|
be installed not later than the third business day after the date |
|
the occupational license takes effect and shall order the ignition |
|
interlock device to remain installed for at least half of the period |
|
of supervision. |
|
SECTION 4. Subtitle J, Title 7, Transportation Code, is |
|
amended by adding Chapter 731 to read as follows: |
|
CHAPTER 731. IGNITION INTERLOCK DEVICE DISABLING OR REMOVAL |
|
Sec. 731.001. DEFINITIONS. In this chapter: |
|
(1) "Department" means the Department of Public |
|
Safety. |
|
(2) "Ignition interlock device" means a deep-lung |
|
breath analysis mechanism installed on a motor vehicle to make |
|
impractical the operation of the motor vehicle if ethyl alcohol is |
|
detected in the breath of the operator. |
|
Sec. 731.002. DISABLING OR REMOVAL BY DEPARTMENT. (a) A |
|
person who is no longer restricted to the use of a motor vehicle |
|
equipped with an ignition interlock device, as indicated by the |
|
court order imposing the restriction or by a court order removing |
|
the restriction, may have the device disabled or removed by the |
|
department or by a private vendor. To have the device disabled or |
|
removed by the department, the person must submit to the |
|
department: |
|
(1) a written request for the department to disable or |
|
remove the device; and |
|
(2) a copy of a court order described by Subsection |
|
(a), unless the department received a copy of that order directly |
|
from the court. |
|
(b) Not later than the third business day after receipt of a |
|
request under Subsection (a) and a copy of the court order, if |
|
required, the department shall disable or remove the person's |
|
ignition interlock device. The department may require the person |
|
to make an appointment and to deliver the vehicle to a specific |
|
location for the disabling or removal. |
|
(c) The department may charge a reasonable fee for the |
|
disabling or removal of the device. |
|
Sec. 731.003. RULES. The department may adopt rules to |
|
implement this chapter. |
|
SECTION 5. The changes in law made by this Act in amending |
|
Articles 17.441 and 42.12, Code of Criminal Procedure, and Section |
|
521.246, Transportation Code, apply only to a court order entered |
|
on or after the effective date of this Act. A court order entered |
|
before the effective date of this Act is governed by the law in |
|
effect when the court order was entered, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 6. This Act takes effect September 1, 2009. |