81R7423 JSC-D

By: King of Zavala H.B. No. 1499

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.