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A BILL TO BE ENTITLED
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AN ACT
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relating to the conditions for release on bond of a defendant |
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charged with certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.441, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION |
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INTERLOCK DEVICE OR ALCOHOL MONITORING DEVICE. (a) Except as |
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provided by Subsection (b), a magistrate shall require on release |
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that a defendant charged with a subsequent offense under Sections |
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49.04-49.06, Penal Code, or an offense under Section 49.07 or 49.08 |
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of that code, as specified by the magistrate: |
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(1) have installed on the motor vehicle owned by the |
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defendant or on the vehicle most regularly driven by the defendant, |
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an ignition interlock [a] device that uses a deep-lung breath |
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analysis mechanism to make impractical the operation of a motor |
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vehicle if ethyl alcohol is detected in the breath of the |
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operator,[;] and |
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[(2)] not operate any motor vehicle unless the vehicle |
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is equipped with that device; or |
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(2) wear an alcohol monitoring device that provides |
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continuous remote alcohol monitoring and cannot be removed. |
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(b) The magistrate may not require the installation of the |
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ignition interlock device or the wearing of the alcohol monitoring |
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device if the magistrate finds that to require the ignition |
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interlock device or the alcohol monitoring device would not be in |
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the best interest of justice. |
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(c) If the defendant is required to have the ignition |
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interlock device installed, the magistrate shall require that the |
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defendant have the device installed on the appropriate motor |
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vehicle, at the defendant's expense, before the 30th day after the |
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date the defendant is released on bond. |
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(c-1) If the defendant is required to wear the alcohol |
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monitoring device, the magistrate shall require the defendant to |
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obtain the device at the defendant's expense and have the device |
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secured on the defendant before the 10th day after the defendant is |
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released on bond. |
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(d) The magistrate may designate an appropriate agency to |
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verify the installation of the ignition interlock device and to |
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monitor the device. If the magistrate designates an agency under |
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this subsection, in each month during which the agency verifies the |
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installation of the ignition interlock device or provides a |
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monitoring service, the defendant shall pay a fee to the designated |
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agency in the amount set by the magistrate. The defendant shall pay |
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the initial fee at the time the agency verifies the installation of |
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the ignition interlock device. In each subsequent month during |
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which the defendant is required to pay a fee, the defendant shall |
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pay the fee on the first occasion in that month that the agency |
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provides a monitoring service. The magistrate shall set the fee in |
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an amount not to exceed $10 as determined by the county auditor, or |
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by the commissioners court of the county if the county does not have |
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a county auditor, to be sufficient to cover the cost incurred by the |
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designated agency in conducting the verification, [or] providing |
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the monitoring service, or both, as applicable in that county. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |