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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the use of an ignition interlock device on |
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conviction of certain intoxication offenses as a condition of |
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community supervision; imposing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Todd Levin |
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Memorial Act. |
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SECTION 2. Section 13, Article 42.12, Code of Criminal |
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Procedure, is amended by amending Subsection (i) and adding |
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Subsection (i-1) to read as follows: |
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(i) If a defendant [person] convicted of an offense under |
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Sections 49.04-49.08, Penal Code, is placed on community |
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supervision, the court may require as a condition of community |
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supervision that the defendant have a device installed, on each |
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[the] motor vehicle owned by the defendant or on the vehicle most |
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regularly driven by the defendant, that uses a deep-lung breath |
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analysis mechanism to make impractical the operation of the motor |
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vehicle if ethyl alcohol is detected in the breath of the operator |
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and that the defendant not operate any motor vehicle that is not |
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equipped with that device. If it is shown on the trial of the |
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offense that an analysis of a specimen of the defendant's [person's] |
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blood, breath, or urine showed an alcohol concentration level of |
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0.15 or more at the time the analysis was performed or that at the |
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time of the offense the defendant refused a request of a peace |
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officer to provide a specimen of the defendant's breath or blood for |
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alcohol testing, or if the defendant [person] is convicted of [an
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offense under Sections 49.04-49.06, Penal Code, and punished under
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Section 49.09(a) or (b), Penal Code, or of] a second or subsequent |
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offense under Sections 49.04-49.08 [Section 49.07 or 49.08], Penal |
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Code, and [the person after conviction of either offense] is placed |
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on community supervision after conviction of the offense, the court |
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shall require as a condition of community supervision that the |
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defendant have a [the] device described by this subsection |
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installed on each motor [the appropriate] vehicle owned by the |
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defendant or on the vehicle most regularly driven by the defendant |
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and that the defendant not operate any motor vehicle that [unless
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the vehicle] is not equipped with that device. Before placing on |
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community supervision a person convicted of an offense under |
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Sections 49.04-49.08, Penal Code, the court shall determine from |
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criminal history record information maintained by the Department of |
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Public Safety whether the defendant [person] has one or more |
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previous convictions that result in restricting the defendant to |
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the operation of a motor vehicle equipped with a device described by |
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this subsection. If the defendant is not otherwise restricted to |
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the operation of a motor vehicle equipped with a device described by |
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this subsection, the court shall order the appropriate supervision |
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officer to use an empirically validated risk assessment screening |
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instrument to determine the risk that the defendant will commit a |
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subsequent offense under Sections 49.04-49.08, Penal Code. If the |
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assessment shows that the defendant is at medium to high risk for |
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committing a subsequent offense under one of those sections, [or
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has one previous conviction under Sections 49.04-49.07, Penal Code,
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or one previous conviction under Section 49.08, Penal Code.
If it
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is shown on the trial of the offense that an analysis of a specimen
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of the person's blood, breath, or urine showed an alcohol
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concentration level of 0.15 or more at the time the analysis was
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performed, or if the court determines that the person has one or
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more such previous convictions,] the court shall require as a |
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condition of community supervision that the defendant have a [that] |
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device described by this subsection installed on each [the] motor |
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vehicle owned by the defendant or on the vehicle most regularly |
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driven by the defendant and that the defendant not operate any motor |
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vehicle that [unless the vehicle] is not equipped with that [the] |
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device [described in this subsection]. If the court requires the |
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defendant to have the device installed, the [The] court shall |
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require the defendant to obtain the device at the defendant's own |
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cost before the 30th day after the date of conviction unless the |
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court finds that to do so would not be in the best interest of |
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justice and enters its findings on record. The court shall require |
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the defendant to provide evidence to the court within the 30-day |
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period that the device has been installed on the appropriate |
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vehicle and order the device to remain installed on that vehicle for |
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a period not less than 50 percent of the supervision period. If the |
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court determines the defendant [offender] is unable to pay for the |
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device, the court may impose a reasonable payment schedule not to |
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exceed twice the period of the court's order. The Department of |
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Public Safety shall approve devices for use under this |
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subsection. Section 521.247, Transportation Code, applies to the |
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approval of a device under this subsection and the consequences of |
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that approval. Notwithstanding [the provisions of] this |
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subsection [section], if a defendant [person] is required to |
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operate a motor vehicle in the course and scope of the defendant's |
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[person's] employment and if the vehicle is owned by the employer, |
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the defendant [person] may operate that vehicle without |
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installation of an approved ignition interlock device if the |
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employer has been notified of that driving privilege restriction |
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and if proof of that notification is with the vehicle. This |
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employment exemption does not apply, however, if the business |
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entity that owns the vehicle is owned or controlled by the defendant |
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[person] whose driving privilege has been restricted. A previous |
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conviction may not be used for purposes of restricting a defendant |
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[person] to the operation of a motor vehicle equipped with a [an
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interlock ignition] device described by [under] this subsection if: |
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(1) the previous conviction was a final conviction |
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under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, |
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Penal Code, and was for an offense committed more than 10 years |
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before the instant offense for which the defendant [person] was |
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convicted and placed on community supervision; and |
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(2) the defendant [person] has not been convicted of |
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an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, |
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49.07, or 49.08 of that code, committed within 10 years before the |
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date on which the instant offense for which the defendant [person] |
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was convicted and placed on community supervision. |
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(i-1) The vendor of ignition interlock devices who installs |
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a device under Subsection (i) shall pay to the local community |
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supervision and corrections department a fee of $2 for each day the |
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device remains installed to help defray the cost of monitoring |
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compliance with a court order issued under Subsection (i). |
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SECTION 3. (a) The Legislative Budget Board shall perform |
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or contract for the performance of a study to analyze the efficacy |
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of this Act in reducing recidivism and promoting public safety |
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during the three-year period following the passage of this Act. |
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(b) The Legislative Budget Board shall submit to the |
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legislature two reports on the study conducted under this section |
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along with any recommendations based on the results of the study. |
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The first report must be submitted not later than December 1, 2014, |
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and the second report must be submitted not later than December 1, |
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2016. |
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(c) This section expires January 1, 2017. |
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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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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |