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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. (a) Except as provided by Subsection (b), a |
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magistrate shall require on release that a defendant charged with a |
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subsequent offense under Section 49.04, 49.045, 49.05, or 49.06 |
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[Sections 49.04-49.06], Penal Code, or with an offense under |
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Section 49.07 or 49.08 of that code: |
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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 operator; |
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and |
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(2) not operate any motor vehicle unless the vehicle |
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is equipped with that device. |
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(b) The magistrate may not require the installation of the |
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ignition interlock device if the magistrate finds that to require |
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the device would not be in 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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(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 device or provides a monitoring service, the |
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defendant shall pay a fee to the designated agency in the amount set |
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by the magistrate. The defendant shall pay the initial fee at the |
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time the agency verifies the installation of the device. In each |
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subsequent month during which the defendant is required to pay a |
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fee, the defendant shall pay the fee on the first occasion in that |
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month that the agency provides a monitoring service. The |
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magistrate shall set the fee in an amount not to exceed $10 as |
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determined by the county auditor, or by the commissioners court of |
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the county if the county does not have a county auditor, to be |
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sufficient to cover the cost incurred by the designated agency in |
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conducting the verification, [or] providing the monitoring |
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service, or both, as applicable in that county. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.442 to read as follows: |
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Art. 17.442. CONDITIONS REQUIRING ALCOHOL TESTING. (a) |
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This article applies only to a defendant who: |
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(1) is charged with a subsequent offense under Section |
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49.04, 49.045, 49.05, or 49.06, Penal Code, or with an offense under |
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Section 49.07 or 49.08 of that code; and |
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(2) does not own or regularly operate a motor vehicle. |
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(b) A magistrate may require a defendant described by |
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Subsection (a) as a condition of release to submit to alcohol |
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testing at the defendant's expense, including by: |
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(1) wearing an alcohol monitoring device that provides |
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continuous remote alcohol monitoring and is not intended to be |
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removed by the defendant; or |
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(2) obtaining a deep-lung breath analysis mechanism |
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that detects ethyl alcohol on the defendant's breath and using the |
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mechanism at intervals prescribed by the court. |
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(c) If the magistrate requires the defendant to wear an |
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alcohol monitoring device under this article, the magistrate must |
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specify the date by which the defendant must have the device secured |
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to the defendant. If the magistrate requires the defendant to |
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obtain and use a breath analysis mechanism under this article, the |
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magistrate must specify the date by which the defendant must obtain |
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and begin using the mechanism. |
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(d) The magistrate may revoke the bond and order the |
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defendant arrested if the court finds, after notice and an |
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opportunity for a hearing, that: |
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(1) the defendant refused to wear an alcohol |
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monitoring device, if required by the court; |
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(2) the defendant failed to obtain and use a breath |
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analysis mechanism, if required by the court; |
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(3) the defendant tampered with or otherwise attempted |
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to disable an alcohol monitoring device or breath analysis |
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mechanism; |
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(4) an alcohol monitoring device, breath analysis |
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mechanism, or other testing method showed that the defendant |
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violated a condition of bond; |
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(5) the defendant otherwise did not submit to alcohol |
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testing; or |
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(6) the defendant failed to pay the costs of alcohol |
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testing, including the costs of an alcohol monitoring device, a |
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breath analysis mechanism, or a monitoring service for the device |
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or mechanism, if: |
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(A) payment was ordered under Subsection (e) as a |
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condition of bond; and |
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(B) the magistrate determines that the defendant |
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is not indigent and is financially able to make the payments as |
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ordered. |
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(e) The costs of alcohol testing, including, as applicable, |
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the costs of the alcohol monitoring device or breath analysis |
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mechanism and monitoring services for the device or mechanism may |
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be: |
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(1) assessed as a cost of court; |
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(2) ordered paid as a condition of bond by the |
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defendant to: |
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(A) the court; |
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(B) the agency designated by the magistrate under |
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Subsection (f); or |
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(C) the service provider or providers; or |
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(3) waived or reduced. |
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(f) The magistrate may designate an appropriate agency or |
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service provider to: |
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(1) secure an alcohol monitoring device to a defendant |
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or verify that a defendant is wearing the device, or verify that a |
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defendant has obtained a breath analysis mechanism, as applicable; |
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and |
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(2) monitor the defendant's use of alcohol as |
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specified by the court, including by providing a monitoring service |
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for: |
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(A) an alcohol monitoring device worn by a |
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defendant; or |
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(B) a breath analysis mechanism used by a |
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defendant. |
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(g) If the magistrate designates an agency or service |
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provider under Subsection (f), in each month during which the |
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agency or service provider secures an alcohol monitoring device to |
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a defendant or verifies that a defendant is wearing the device, |
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verifies that a defendant has obtained a breath analysis mechanism, |
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or otherwise monitors the defendant's use of alcohol, as |
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applicable, and in each month during which the agency or service |
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provider provides a monitoring service, the defendant shall pay a |
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fee to the agency or service provider in an amount set by the |
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magistrate, unless the magistrate has waived or reduced the fee. In |
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each month during which the defendant is required to pay a fee, the |
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defendant shall pay the fee on the first occasion in that month that |
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the agency or service provider secures an alcohol monitoring |
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device, verifies a device or mechanism, or provides a monitoring |
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service. The magistrate shall set the fee in an amount not to |
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exceed $10 as determined by the county auditor, or by the |
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commissioners court of the county if the county does not have a |
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county auditor, to be sufficient to cover the costs incurred by the |
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agency or service provider in securing the device, conducting the |
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verification, or providing the monitoring service, as applicable in |
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that county. |
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SECTION 3. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Section 103.0217 to read as follows: |
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Sec. 103.0217. ADDITIONAL FEES IN CERTAIN CRIMINAL CASES: |
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CODE OF CRIMINAL PROCEDURE. A defendant who is ordered by the court |
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to wear an alcohol monitoring device, obtain and use a breath |
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analysis mechanism, or otherwise submit to alcohol testing under |
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Article 17.442, Code of Criminal Procedure, shall pay a fee in an |
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amount set by a magistrate not to exceed $10 in each month that the |
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designated agency or service provider secures an alcohol monitoring |
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device, verifies a device or mechanism, or provides a monitoring |
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service. |
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SECTION 4. 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 5. This Act takes effect September 1, 2011. |