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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. |
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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(i), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(i) If a court places on community supervision a defendant |
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convicted of an offense under Section 49.04 or 49.045, Penal Code, |
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or an offense under Section 49.07 or 49.08, Penal Code, that |
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involves the operation of a motor vehicle, the court shall require |
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as a condition of community supervision that the defendant have a |
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device installed, on the motor vehicle owned by the defendant or on |
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the vehicle most regularly driven by the defendant, that uses a |
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deep-lung breath analysis mechanism to make impractical the |
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operation of the motor vehicle if ethyl alcohol is detected in the |
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breath of the operator and that the defendant not operate any motor |
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vehicle that is not equipped with that device. If a court places on |
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community supervision a defendant [person] convicted of an offense |
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under Section 49.05, 49.06, or 49.065 [Sections 49.04-49.08], Penal |
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Code, or an offense under Section 49.07 or 49.08, Penal Code, that |
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does not involve the operation of a motor vehicle [is placed on
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community supervision], the court may require as a condition of |
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community supervision that the defendant have the [a] device |
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installed[,] on the appropriate [motor] vehicle [owned by the
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defendant or on the vehicle most regularly driven by the defendant,
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that uses a deep-lung breath analysis mechanism to make impractical
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the operation of the motor vehicle if ethyl alcohol is detected in
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the breath of the operator] and that the defendant not operate any |
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motor vehicle that is not equipped with that device. If it is shown |
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on the trial of an [the] offense under Section 49.05, 49.06, or |
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49.065, Penal Code, that an analysis of a specimen of the |
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defendant's [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 defendant [person] is convicted of an offense |
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under one of those sections [Sections 49.04-49.06, Penal Code,] and |
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punished under Section 49.09(a) or (b), Penal Code, or is convicted |
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of a second or subsequent offense under Section 49.07 or 49.08, |
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Penal Code, that did not involve the operation of a motor vehicle, |
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and the defendant [person] after conviction of the [either] offense |
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is placed on community supervision, the court shall require as a |
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condition of community supervision that the defendant have the |
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device installed on the appropriate vehicle and that the defendant |
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not operate any motor vehicle that [unless the vehicle] is not |
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equipped with that device. Before placing on community |
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supervision a defendant [person] convicted of an offense under |
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Section 49.05, 49.06, or 49.065 [Sections 49.04-49.08], Penal Code, |
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or an offense under Section 49.07 or 49.08, Penal Code, that did not |
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involve the operation of a motor vehicle, the court shall determine |
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from criminal history record information maintained by the |
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Department of Public Safety whether the defendant [person] has one |
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or more previous convictions that result in restricting the |
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defendant to the operation of a motor vehicle equipped with a device |
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under this subsection. If the court requires the defendant to have |
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the device installed, the [under Sections 49.04-49.08, Penal Code,
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or has one previous conviction under Sections 49.04-49.07, Penal
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Code, or one previous conviction under Section 49.08, Penal
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Code.
If it is shown on the trial of the offense that an analysis
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of a specimen of the person's blood, breath, or urine showed an
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alcohol concentration level of 0.15 or more at the time the analysis
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was 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 that
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device installed on the motor vehicle owned by the defendant or on
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the vehicle most regularly driven by the defendant and that the
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defendant not operate any motor vehicle unless the vehicle is
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equipped with the device described in this subsection.
The] court |
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shall require the defendant to obtain the device at the defendant's |
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own 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 subsection |
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[section], if a person is required to operate a motor vehicle in the |
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course and scope of the person's employment and if the vehicle is |
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owned by the employer, the 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 person |
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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 an |
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ignition interlock [ignition] device 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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SECTION 3. Section 521.246, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT. (a) |
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If the person's license has been suspended after a conviction under |
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Section 49.04 or 49.045, Penal Code, or under Section 49.07 or 49.08 |
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[Section 49.04, 49.07, or 49.08], Penal Code, if the person used a |
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motor vehicle in the commission of the offense, as [the judge,
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before signing an order, shall determine from the criminal history
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record information maintained by the department whether the person
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has any previous conviction under those laws.
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[(b)
As part of the order the judge may restrict the person
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to the operation of a motor vehicle equipped with an ignition
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interlock device if the judge determines that the person's license
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has been suspended following a conviction under Section 49.04,
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49.07, or 49.08, Penal Code. As] part of the order, the judge shall |
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restrict the person to the operation of a motor vehicle equipped |
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with an ignition interlock device [if the judge determines that:
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[(1)
the person has two or more convictions under any
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combination of Section 49.04, 49.07, or 49.08, Penal Code; or
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[(2)
the person's license has been suspended after a
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conviction under Section 49.04, Penal Code, for which the person
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has been punished under Section 49.09, Penal Code]. |
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(b) [(c)] The person shall obtain the ignition interlock |
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device at the person's own expense unless the court finds that to do |
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so is not in the best interest of justice and enters that finding in |
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the record. If the court determines that the person is unable to |
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pay for the device, the court may impose a reasonable payment |
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schedule for a term not to exceed twice the period of the court's |
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order. |
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(c) [(d)] The court shall order the ignition interlock |
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device to remain installed for at least half of the period of |
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supervision. |
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(d) [(e)] A person to whom this section applies may operate |
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a motor vehicle without the installation of an approved ignition |
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interlock device if: |
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(1) the person is required to operate a motor vehicle |
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in the course and scope of the person's employment; |
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(2) the vehicle is owned by the person's employer; |
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(3) the employer is not owned or controlled by the |
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person whose driving privilege is restricted; |
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(4) the employer is notified of the driving privilege |
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restriction; and |
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(5) proof of that notification is with the vehicle. |
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[(f)
A previous conviction may not be used for purposes of
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restricting a person to the operation of a motor vehicle equipped
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with an interlock ignition device under this section if:
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[(1)
the previous conviction was a final conviction
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under Section 49.04, 49.07, or 49.08, Penal Code, and was for an
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offense committed more than 10 years before the instant offense for
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which the person was convicted; and
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[(2)
the person has not been convicted of an offense
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under Section 49.04, 49.07, or 49.08 of that code committed within
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10 years before the date on which the instant offense for which the
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person was convicted.] |
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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. |