83R205 JSC-F
 
  By: Callegari 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.
         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(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.
         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.]
         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.