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A BILL TO BE ENTITLED
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AN ACT
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relating to ethyl alcohol monitoring as a condition of community |
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supervision for certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subdivision (5) to read as follows: |
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(5) "Ethyl alcohol monitoring device" means: |
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(A) a device worn by the defendant that detects |
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ethyl alcohol in the defendant's perspiration through transdermal |
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testing; or |
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(B) a portable ethyl alcohol detection device |
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carried by the defendant that: |
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(i) requires the defendant at specified or |
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random intervals to submit a breath sample; |
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(ii) analyzes and records the sample; |
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(iii) transmits the results of the |
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analysis; and |
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(iv) is capable of verifying that the |
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breath sample was provided by the defendant. |
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SECTION 2. Section 13, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (o) to read as follows: |
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(o)(1) Notwithstanding Subsection (i) and subject to |
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Subdivision (8), if a defendant for whom a judge is required to |
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order the installation and use of an ignition interlock device |
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under Subsection (i) submits an affidavit stating the defendant |
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does not own or regularly drive any motor vehicle, the judge shall, |
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instead of imposing the ignition interlock condition, require the |
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defendant to submit to ethyl alcohol monitoring under this |
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subsection. |
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(2) If a defendant for whom a judge may order the |
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installation and use of an ignition interlock device under |
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Subsection (i) submits an affidavit stating the defendant does not |
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own or regularly drive any motor vehicle, the judge may require the |
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defendant to submit to ethyl alcohol monitoring under this section. |
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(3) For a defendant for whom a judge orders the |
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installation and use of an ignition interlock device under |
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Subsection (i), the judge may additionally order the defendant to |
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submit to ethyl alcohol monitoring under this subsection. |
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(4) The judge must specify the date by which the |
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defendant must begin wearing or using the ethyl alcohol monitoring |
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device ordered under this subsection. |
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(5) The judge may revoke community supervision and |
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order the defendant to the term of confinement specified in the |
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defendant's sentence if: |
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(A) the defendant refuses to wear or use the |
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ethyl alcohol monitoring device; |
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(B) the defendant tampers with or otherwise |
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attempts to disable the device; |
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(C) the device shows that the defendant has |
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violated a condition of community supervision; or |
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(D) the defendant fails to pay the costs of ethyl |
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alcohol monitoring, if: |
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(i) payment is ordered under Subdivision |
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(6) as a condition of community supervision; and |
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(ii) the judge determines that the |
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defendant is not indigent and is financially able to make the |
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payments as ordered. |
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(6) The cost of the ethyl alcohol monitoring device |
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may be ordered paid as a condition of community supervision by the |
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defendant to the court or to the entity designated by the judge |
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under Subdivision (7) or waived or reduced based on the defendant's |
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ability to pay. The court may impose a reasonable payment schedule |
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for the cost of the device, in whole or in part, as applicable, for a |
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period not to exceed twice the period of the court's order requiring |
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ethyl alcohol monitoring. |
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(7) The judge may designate an appropriate entity to |
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verify that the defendant is wearing or using the ethyl alcohol |
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monitoring device appropriately, and to monitor the device. |
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(8) A judge may not order ethyl alcohol monitoring |
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instead of an ignition interlock device under this subsection for a |
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defendant subject to Section 49.09(h), Penal Code, regardless of |
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whether the defendant submits an affidavit stating that the |
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defendant does not own or regularly drive any motor vehicle. The |
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judge may order ethyl alcohol monitoring in addition to the |
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ignition interlock device required under that section. |
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SECTION 3. The change in law made by this Act applies only |
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to a defendant who is placed on community supervision on or after |
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the effective date of this Act, regardless of whether the offense |
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for which the defendant is placed on community supervision is |
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committed before, on, or after that date. |
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SECTION 4. This Act takes effect September 1, 2015. |