85R2082 GCB-D

By: Tinderholt H.B. No. 4003

A BILL TO BE ENTITLED

AN ACT

relating to a central database containing information about defendants required to have an ignition interlock device installed on a vehicle and local law enforcement access to that database through a mobile data terminal.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 17.441, Code of Criminal Procedure, is amended by adding Subsection (e) to read as follows:

(e) A magistrate that restricts a defendant to the operation of a motor vehicle equipped with an ignition interlock device under Subsection (a) shall submit the name of the defendant and the date the restriction expires to the Department of Public Safety for inclusion in the central database maintained by the department under Section 411.02091, Government Code.

SECTION 2. Article 42A.408, Code of Criminal Procedure, is amended by adding Subsection (i) to read as follows:

(i) A court that restricts a defendant to the operation of a motor vehicle equipped with an ignition interlock device under this article shall submit the name of the defendant and the date the restriction expires to the Department of Public Safety for inclusion in the central database maintained by the department under Section 411.02091, Government Code.

SECTION 3. Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.02091 to read as follows:

Sec. 411.02091. CENTRAL DATABASE OF DEFENDANTS RESTRICTED TO USE OF MOTOR VEHICLE EQUIPPED WITH IGNITION INTERLOCK DEVICE. (a) The department shall maintain a computerized central database containing information regarding defendants who are restricted to the use of a motor vehicle equipped with an ignition interlock device.

(b) The database must include:

(1) the name of each defendant restricted to the operation of a motor vehicle equipped with an ignition interlock device under Article 17.441 or 42A.408, Code of Criminal Procedure, Section 49.09(h), Penal Code, or Section 521.246, Transportation Code, and the date each restriction expires; and

(2) the information provided to the department by a vendor of an ignition interlock device under Section 521.2476, Transportation Code, for each defendant described by Subdivision (1) for whom the vendor has installed an ignition interlock device on the appropriate vehicle.

(c) The department shall remove a defendant's name from the central database on the expiration of the ignition interlock restriction for that defendant.

(d) The central database must:

(1) provide the information in a format that allows a law enforcement agency to make the information available to a peace officer through a mobile data terminal; and

(2) promptly reflect any updated information as necessary to ensure a defendant whose ignition interlock restriction has expired is not indicated through the mobile data terminal as a person who is restricted to the operation of a motor vehicle equipped with an ignition interlock device.

SECTION 4. Section 49.09(h), Penal Code, as amended by Section 2.84, Chapter 770 (H.B. 2299), and Section 2, Chapter 1067 (H.B. 2246), Acts of the 84th Legislature, Regular Session, 2015, is reenacted to conform to Section 1.01, Chapter 770 (H.B. 2299), Acts of the 84th Legislature, Regular Session, 2015, and amended to read as follows:

(h) This subsection applies only to a person convicted of a second or subsequent offense relating to the operating of a motor vehicle while intoxicated committed within five years of the date on which the most recent preceding offense was committed. The court shall enter an order that requires the defendant to have an ignition interlock [a] device installed, on each motor vehicle owned or operated 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 requires that before the first anniversary of the ending date of the period of license suspension under Section 521.344, Transportation Code, the defendant not operate any motor vehicle that is not equipped with an ignition interlock [that] device. The court shall require the defendant to obtain the ignition interlock device at the defendant's own cost on or before that ending date, require the defendant to provide evidence to the court on or before that ending date that the ignition interlock device has been installed on each appropriate vehicle, and order the ignition interlock device to remain installed on each vehicle until the first anniversary of that ending date. If the court determines the offender is unable to pay for the ignition interlock device, the court may impose a reasonable payment schedule not to extend beyond the first anniversary of the date of installation. The Department of Public Safety shall approve ignition interlock devices for use under this subsection. Section 521.247, Transportation Code, applies to the approval of an ignition interlock [a] device under this subsection and the consequences of that approval. Failure to comply with an order entered under this subsection is punishable by contempt. For the purpose of enforcing this subsection, the court that enters an order under this subsection retains jurisdiction over the defendant until the date on which the ignition interlock device is no longer required to remain installed. A court that restricts a defendant to the operation of a motor vehicle equipped with an ignition interlock device under this subsection shall submit the name of the defendant and the date the restriction expires to the Department of Public Safety for inclusion in the central database maintained by the department under Section 411.02091, Government Code. To the extent of a conflict between this subsection and Subchapter I, Chapter 42A, Code of Criminal Procedure, this subsection controls.

SECTION 5. Section 521.246, Transportation Code, is amended by adding Subsection (g) to read as follows:

(g) A judge that restricts a defendant to the operation of a motor vehicle equipped with an ignition interlock device under Subsection (a) shall submit the name of the defendant and the date the restriction expires to the Department of Public Safety for inclusion in the central database maintained by the department under Section 411.02091, Government Code.

SECTION 6. Section 521.2476(b), Transportation Code, is amended to read as follows:

(b) The minimum standards shall require each vendor to:

(1) be authorized by the department to do business in this state;

(2) install an ignition interlock [a] device only if the ignition interlock device is approved under Section 521.247;

(3) obtain liability insurance providing coverage for damages arising out of the operation or use of ignition interlock devices in amounts and under the terms specified by the department;

(4) install the ignition interlock device and activate any anticircumvention feature of the ignition interlock device within a reasonable time after the vendor receives notice that installation is ordered by a court;

(4-a) submit to the department for inclusion in the central database maintained by the department under Section 411.02091, Government Code, the make, model, vehicle identification number, and license plate number of the vehicle on which the vendor installs the ignition interlock device, and the name of the person who is the subject of the court order requiring installation of the ignition interlock device on the vehicle;

(5) install and inspect the ignition interlock device in accordance with any applicable court order;

(6) repair or replace an ignition interlock [a] device not later than 48 hours after receiving notice of a complaint regarding the operation of the ignition interlock device;

(7) submit a written report of any violation of a court order to that court and to the person's supervising officer, if any, not later than 48 hours after the vendor discovers the violation;

(8) maintain a record of each action taken by the vendor with respect to each ignition interlock device installed by the vendor, including each action taken as a result of an attempt to circumvent the ignition interlock device, until at least the fifth anniversary after the date of installation;

(9) make a copy of the record available for inspection by or send a copy of the record to any court, supervising officer, or the department on request; and

(10) annually provide to the department a written report of each service and ignition interlock device feature made available by the vendor.

SECTION 7. The Department of Public Safety of the State of Texas shall design and implement the central database required by Section 411.02091, Government Code, as added by this Act, not later than January 1, 2018.

SECTION 8. Articles 17.441 and 42A.408, Code of Criminal Procedure, Section 49.09, Penal Code, and Section 521.246, Transportation Code, as amended by this Act, apply only to a magistrate, court, or judge that orders that a defendant be restricted to the operation of a motor vehicle equipped with an ignition interlock device on or after January 1, 2018. A restriction ordered before January 1, 2018, is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 9. Section 521.2476, Transportation Code, as amended by this Act, applies only to the installation of an ignition interlock device that occurs on or after January 1, 2018. An installation that occurs before January 1, 2018, is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 10. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.