| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring the use of an ignition interlock device on |
|
|
conviction of certain intoxication offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 13(i) and (n), Article 42.12, Code of |
|
|
Criminal Procedure, are amended to read as follows: |
|
|
(i) If a person convicted of an offense under Section 49.04, |
|
|
49.045, 49.05, 49.06, 49.07, or 49.08 [Sections 49.04-49.08], Penal |
|
|
Code, is placed on community supervision, the court shall [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 expense [cost] 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 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.] |
|
|
(n) Notwithstanding any other provision of this section or |
|
|
other law, the judge who places on community supervision a |
|
|
defendant who was younger than 21 years of age at the time of the |
|
|
offense and was convicted for an offense under Section 49.04, |
|
|
49.045, 49.05, 49.06, 49.07, or 49.08 [Sections 49.04-49.08], Penal |
|
|
Code, shall[:
|
|
|
[(1)] order that the defendant's driver's license be |
|
|
suspended for 90 days beginning on the date that the person is |
|
|
placed on community supervision[; and
|
|
|
[(2)
require as a condition of community supervision
|
|
|
that the defendant not operate a motor vehicle unless the vehicle is
|
|
|
equipped with the device described by Subsection (i) of this
|
|
|
section]. |
|
|
SECTION 2. Section 521.246, Transportation Code, is amended |
|
|
to read as follows: |
|
|
Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT. (a) |
|
|
If the person's license has been suspended after a conviction under |
|
|
Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal Code, |
|
|
as [the judge, before signing an order, shall determine from the
|
|
|
criminal history record information maintained by the department
|
|
|
whether the person has any previous conviction under those laws.
|
|
|
[(b)
As part of the order the judge may restrict the person
|
|
|
to the operation of a motor vehicle equipped with an ignition
|
|
|
interlock device if the judge determines that the person's license
|
|
|
has been suspended following a conviction under Section 49.04,
|
|
|
49.07, or 49.08, Penal Code. As] part of the order, the judge shall |
|
|
restrict the person to the operation of a motor vehicle equipped |
|
|
with an ignition interlock device [if the judge determines that:
|
|
|
[(1)
the person has two or more convictions under any
|
|
|
combination of Section 49.04, 49.07, or 49.08, Penal Code; or
|
|
|
[(2)
the person's license has been suspended after a
|
|
|
conviction under Section 49.04, Penal Code, for which the person
|
|
|
has been punished under Section 49.09, Penal Code]. |
|
|
(b) [(c)] The person shall obtain the ignition interlock |
|
|
device at the person's own expense unless the court finds that to do |
|
|
so is not in the best interest of justice and enters that finding in |
|
|
the record. If the court determines that the person is unable to |
|
|
pay for the device, the court may impose a reasonable payment |
|
|
schedule for a term not to exceed twice the period of the court's |
|
|
order. |
|
|
(c) [(d)] The court shall order the ignition interlock |
|
|
device to remain installed for at least half of the period of |
|
|
supervision. |
|
|
(d) [(e)] A person to whom this section applies may operate |
|
|
a motor vehicle without the installation of an approved ignition |
|
|
interlock device if: |
|
|
(1) the person is required to operate a motor vehicle |
|
|
in the course and scope of the person's employment; |
|
|
(2) the vehicle is owned by the person's employer; |
|
|
(3) the employer is not owned or controlled by the |
|
|
person whose driving privilege is restricted; |
|
|
(4) the employer is notified of the driving privilege |
|
|
restriction; and |
|
|
(5) proof of that notification is with the vehicle. |
|
|
[(f)
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 section if:
|
|
|
[(1)
the previous conviction was a final conviction
|
|
|
under Section 49.04, 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
|
|
|
[(2)
the person has not been convicted of an offense
|
|
|
under Section 49.04, 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.] |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect when the offense was committed, and |
|
|
the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense was |
|
|
committed before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |