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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of providing or requesting or allowing |
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another to provide a breath specimen for an ignition interlock |
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device; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Penal Code, is amended by adding |
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Section 38.20 to read as follows: |
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Sec. 38.20. PROVIDING BREATH SPECIMEN FOR IGNITION |
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INTERLOCK DEVICE. (a) In this section: |
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(1) "Ignition interlock device" has the meaning |
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assigned by Article 42A.408, Code of Criminal Procedure. |
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(2) "Offense relating to the operating of a motor |
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vehicle while intoxicated," "offense of operating an aircraft while |
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intoxicated," "offense of operating a watercraft while |
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intoxicated," and "offense of operating or assembling an amusement |
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ride while intoxicated" have the meanings assigned by Section |
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49.09. |
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(b) A person commits an offense if the person: |
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(1) is restricted to the operation of a motor vehicle |
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equipped with an ignition interlock device under Article 17.441 or |
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42A.408, Code of Criminal Procedure, Section 521.246, |
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Transportation Code, or Section 49.09(h) of this code; |
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(2) requests or allows another person to provide a |
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breath specimen for the ignition interlock device installed on the |
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motor vehicle owned or most regularly driven by the actor; and |
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(3) subsequently operates the motor vehicle equipped |
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with the ignition interlock device without first providing the |
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actor's own breath specimen. |
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(c) A person commits an offense if the person: |
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(1) intentionally or knowingly provides a breath |
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specimen for an ignition interlock device installed on the motor |
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vehicle of another person who the actor knows is restricted to the |
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operation of a motor vehicle equipped with an ignition interlock |
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device under Article 17.441 or 42A.408, Code of Criminal Procedure, |
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Section 521.246, Transportation Code, or Section 49.09(h) of this |
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code; and |
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(2) knows that the person who is restricted to the |
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operation of a motor vehicle equipped with the ignition interlock |
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device intends to subsequently operate the motor vehicle without |
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providing the person's own breath specimen. |
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(d) An offense under Subsection (b) is a Class A |
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misdemeanor, except that the offense is a felony of the third degree |
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if it is shown on the trial of the offense that: |
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(1) the defendant has previously been convicted: |
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(A) one time of an offense under Section 49.08 or |
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an offense under the laws of another state if the offense contains |
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elements that are substantially similar to the elements of an |
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offense under Section 49.08; or |
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(B) two times of any offense, other than an |
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offense described by Paragraph (A), relating to the operating of a |
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motor vehicle while intoxicated, operating an aircraft while |
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intoxicated, operating a watercraft while intoxicated, or |
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operating or assembling an amusement ride while intoxicated; or |
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(2) at the time of the offense, the defendant was |
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released on bond or on community supervision for an offense under |
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Section 49.045, 49.07, or 49.08. |
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(e) An offense under Subsection (c) is a Class C |
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misdemeanor, except that the offense is a Class A misdemeanor if it |
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is shown on the trial of the offense that the defendant has |
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previously been convicted of an offense under Subsection (c). |
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SECTION 2. This Act takes effect September 1, 2023. |