|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to creating an offense for failure to install and maintain |
|
an ignition interlock device for persons convicted of certain |
|
intoxication offenses. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 49.09(h), Penal Code, is amended to read |
|
as follows: |
|
(h) This subsection applies only to a person convicted of a |
|
second or subsequent offense relating to the operating of a motor |
|
vehicle while intoxicated committed within five years of the date |
|
on which the most recent preceding offense was committed. The court |
|
shall enter an order that requires the defendant to have a device |
|
installed, on each motor vehicle owned or operated 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 requires that |
|
before the first anniversary of the ending date of the period of |
|
license suspension under Section 521.344, Transportation Code, the |
|
defendant not operate any motor vehicle that is not equipped with |
|
that device. The court shall require the defendant to obtain the |
|
device at the defendant's own cost on or before that ending date, |
|
require the defendant to provide evidence to the court on or before |
|
that ending date that the device has been installed on each |
|
appropriate vehicle, and order the device to remain installed on |
|
each vehicle until the first anniversary of that ending date. If |
|
the court determines the offender is unable to pay for the device, |
|
the court may impose a reasonable payment schedule not to extend |
|
beyond the first anniversary of the date of installation. 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. [Failure to comply with an order entered under
|
|
this subsection is punishable by contempt. For the purpose of
|
|
enforcing this subsection, the court that enters an order under
|
|
this subsection retains jurisdiction over the defendant until the
|
|
date on which the device is no longer required to remain installed.] |
|
To the extent of a conflict between this subsection and Section |
|
13(i), Article 42.12, Code of Criminal Procedure, this subsection |
|
controls. |
|
SECTION 2. Chapter 49, Penal Code, is amended by adding |
|
Section 49.095 to read as follows: |
|
Sec. 49.095. FAILURE TO COMPLY WITH COURT ORDER REQUIRING |
|
IGNITION INTERLOCK DEVICE. (a) A person who is convicted of an |
|
offense under this chapter and required by a court order under |
|
Section 49.09(h) to install and keep an ignition interlock device |
|
on a vehicle for a specified period commits an offense if the person |
|
knowingly: |
|
(1) fails to install the device by the date specified |
|
in the court order; or |
|
(2) fails to keep the device installed on the vehicle |
|
during the period specified in the court order. |
|
(b) An offense under this section is a Class A misdemeanor. |
|
SECTION 3. This Act takes effect September 1, 2011. |