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SECTION 2. Section 13(i),
Article 42.12, Code of Criminal Procedure, is amended to read as follows:
(i) If a court places on community supervision a
defendant convicted of an offense under Section 49.04 or 49.045, Penal
Code, or an offense under Section 49.07 or 49.08, Penal Code, that involves
the operation of a motor vehicle, the court shall 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 a court places on
community supervision a defendant [person] convicted of an
offense under Section 49.05, 49.06, or
49.065 [Sections 49.04-49.08],
Penal Code, or an offense under Section 49.07 or 49.08, Penal Code, that
does not involve the operation of a motor vehicle [is placed
on community supervision], the court may require as a condition of
community supervision that the defendant have the [a] device
installed[,] on the appropriate [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 an [the] offense under Section 49.05, 49.06, or 49.065, Penal
Code, that an analysis of a specimen of the defendant's [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 defendant [person]
is convicted of an offense under one of
those sections [Sections 49.04-49.06, Penal Code,] and punished
under Section 49.09(a) or (b), Penal Code, or is convicted of a
second or subsequent offense under Section 49.07 or 49.08, Penal Code, that
did not involve the operation of a motor vehicle, and the defendant
[person] after conviction of the [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 that [unless the vehicle]
is not equipped with that device.
Before placing on community
supervision a defendant [person] convicted of an offense under Section 49.05, 49.06, or 49.065 [Sections
49.04-49.08], Penal Code, or an offense under Section 49.07 or
49.08, Penal Code, that did not involve the operation of a motor vehicle,
the court shall determine from criminal history record information
maintained by the Department of Public Safety whether the defendant
[person] has one or more previous convictions that result in
restricting the defendant to the operation of a motor vehicle equipped with
a device under this subsection.
If the court requires the defendant to have the device installed, the [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
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 defendant [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 subsection [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 defendant [person] to
the operation of a motor vehicle equipped with an ignition 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, 49.065,
49.07, or 49.08, Penal Code, and was for an offense committed more than 10
years before the instant offense for which the defendant [person]
was convicted and placed on community supervision; and
(2) the defendant [person]
has not been convicted of an offense under Section 49.04, 49.045, 49.05,
49.06, 49.065, 49.07, or 49.08 of that code, committed within 10
years before the date on which the instant offense for which the defendant
[person] was convicted and placed on community supervision.
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SECTION 2. Section 13,
Article 42.12, Code of Criminal Procedure, is amended by amending
Subsection (i) and adding Subsection (i-1) to read as follows:
(i) If a defendant [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 each
[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 defendant's [person's] blood, breath, or
urine showed an alcohol concentration level of 0.15 or more at the time the
analysis was performed or that at the time
of the offense the defendant refused a request of a peace officer to
provide a specimen of the defendant's breath or blood for alcohol testing,
or if the defendant [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 Sections 49.04-49.08 [Section
49.07 or 49.08], Penal Code, and [the person after conviction
of either offense] is placed on community supervision after
conviction of the offense, the court shall require as a condition of
community supervision that the defendant have a [the] device described
by this subsection installed on each
motor [the appropriate]
vehicle owned by the defendant or on the vehicle most regularly driven
by the defendant and that the defendant not operate any motor
vehicle that [unless the vehicle] is not 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 defendant [person] has one or more previous
convictions that result in restricting the defendant to the operation of
a motor vehicle equipped with a device described by this subsection.
If the defendant is not otherwise restricted to the operation of a
motor vehicle equipped with a device described by this subsection, the
court shall order the appropriate supervision officer to use an empirically
validated risk assessment screening instrument to determine the risk that
the defendant will commit a subsequent offense under Sections 49.04-49.08, Penal Code. If the
assessment shows that the defendant is at medium to high risk for
committing a subsequent offense under one of those sections, [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 a
[that] device described by this subsection installed on each
[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 that [unless the vehicle] is not
equipped with that [the] device [described in this
subsection].
If the court requires the
defendant to have the device installed, the [The] court shall
require the defendant to obtain the device at the defendant's own 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 defendant [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 subsection [section],
if a defendant [person] is required to operate a motor
vehicle in the course and scope of the defendant's [person's]
employment and if the vehicle is owned by the employer, the defendant
[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 defendant
[person] whose driving privilege has been restricted. A previous
conviction may not be used for purposes of restricting a defendant [person]
to the operation of a motor vehicle equipped with a [an interlock
ignition] device described by [under] this subsection if:
(1) the previous conviction
was a final conviction under Section 49.04, 49.045, 49.05, 49.06, 49.065,
49.07, or 49.08, Penal Code, and was for an offense committed more than 10
years before the instant offense for which the defendant [person]
was convicted and placed on community supervision; and
(2) the defendant [person]
has not been convicted of an offense under Section 49.04, 49.045, 49.05,
49.06, 49.065, 49.07, or 49.08 of that code, committed within 10
years before the date on which the instant offense for which the defendant
[person] was convicted and placed on community supervision.
(i-1) The vendor of ignition interlock devices who installs a device
under Subsection (i) shall pay to the local community supervision and
corrections department a fee of $2 for each day the device remains
installed to help defray the cost of monitoring compliance with a court
order issued under Subsection (i).
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SECTION 3. 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 or 49.045, Penal Code, or under
Section 49.07 or 49.08 [Section 49.04, 49.07, or 49.08], Penal
Code, if the person used a motor vehicle in the commission of the
offense, 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.]
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No
equivalent provision.
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