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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; authorizing the |
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imposition of costs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.001, Code of Criminal Procedure, is |
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amended by adding Subdivision (3-a) to read as follows: |
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(3-a) "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. Subchapter I, Chapter 42A, Code of Criminal |
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Procedure, is amended by adding Article 42A.4081 to read as |
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follows: |
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Art. 42A.4081. USE OF ETHYL ALCOHOL MONITORING DEVICE. (a) |
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This article applies to a defendant placed on community |
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supervision: |
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(1) for whom the judge may order or is required to |
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order the installation and use of an ignition interlock device |
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under Article 42A.408; or |
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(2) who is subject to an order under Section 49.09(h), |
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Penal Code, that requires the installation and use of an ignition |
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interlock device. |
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(b) A judge may require the defendant to submit to ethyl |
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alcohol monitoring under this article: |
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(1) if the defendant certifies that the defendant does |
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not own or have regular access to a motor vehicle; or |
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(2) in addition to the requirement that the defendant |
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install and use an ignition interlock device. |
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(c) In determining under Subsection (b)(2) whether to |
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require a defendant to submit to ethyl alcohol monitoring under |
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this article in addition to installing and using an ignition |
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interlock device, the court shall consider whether the defendant |
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has previously failed to comply with an order requiring the |
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installation and use of an ignition interlock device. |
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(d) The judge must specify the date by which the defendant |
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must begin wearing or using the ethyl alcohol monitoring device. |
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(e) The judge may revoke community supervision and order the |
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defendant to the term of confinement specified in the defendant's |
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sentence if: |
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(1) the defendant refuses to wear or use the ethyl |
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alcohol monitoring device; |
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(2) the defendant tampers with or otherwise attempts |
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to disable the device; |
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(3) the device shows that the defendant has violated a |
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condition of community supervision; or |
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(4) the defendant fails to pay the costs of ethyl |
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alcohol monitoring, if: |
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(A) payment is ordered under Subsection (f) as a |
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condition of community supervision; and |
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(B) the judge determines that the defendant is |
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not indigent and is financially able to make the payments as |
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ordered. |
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(f) The cost of the ethyl alcohol monitoring device may be |
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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 Subsection (g) 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, wholly or partly, 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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(g) The judge may designate an appropriate entity to verify |
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that the defendant is wearing or using the ethyl alcohol monitoring |
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device appropriately, and to monitor the device. |
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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, 2017. |