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.