83R14872 JSC-D

By: Callegari, Turner of Collin, Gooden, H.B. No. 260

Carter, Zerwas

Substitute the following for H.B. No. 260:

By: Herrero C.S.H.B. No. 260

A BILL TO BE ENTITLED

AN ACT

relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses as a condition of community supervision; imposing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Todd Levin Memorial Act.

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).

SECTION 3. (a) The Legislative Budget Board shall perform or contract for the performance of a study to analyze the efficacy of this Act in reducing recidivism and promoting public safety during the three-year period following the passage of this Act.

(b) The Legislative Budget Board shall submit to the legislature two reports on the study conducted under this section along with any recommendations based on the results of the study. The first report must be submitted not later than December 1, 2014, and the second report must be submitted not later than December 1, 2016.

(c) This section expires January 1, 2017.

SECTION 4. 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 5. This Act takes effect September 1, 2013.