Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses.
Impact
The implementation of HB 379 is expected to significantly change how intoxication offenses are managed in Texas. Courts will be required to evaluate an offender's previous convictions and levels of alcohol concentration at the time of the offense before determining conditions for community supervision. If the offender has been previously convicted or their alcohol level exceeds 0.15, the ignition interlock device becomes a non-negotiable condition. This legislative measure is likely to reduce the number of repeat offenders on the road, thereby enhancing safety for all motorists.
Summary
House Bill 379 proposes the mandatory installation of ignition interlock devices for individuals convicted of specific intoxication offenses under Texas law (Sections 49.04-49.08 of the Penal Code). The bill aims to enhance public safety by preventing repeat offenses among individuals convicted of driving under the influence of alcohol. It adjusts the requirements for community supervision by mandating courts to conditionally require the installation of an ignition interlock device for certain offenders and prohibits them from operating any non-compliant vehicles. This requirement applies particularly to those with high blood alcohol concentration levels or multiple convictions in the past.
Contention
While supporters believe that mandatory ignition interlock devices will deter drunk driving and reduce accidents, opponents may raise concerns about the costs associated with installing and maintaining these devices, especially for individuals with limited financial resources. Additionally, there could be debates regarding the fairness of the stipulated conditions based on various circumstances, such as employment or particular hardships faced by the offenders. The bill outlines provisions for offenders unable to pay for the device, allowing the courts to impose a payment schedule, which may mitigate some concerns around equity.
Relating to the offense of providing or requesting or allowing another to provide a breath specimen for an ignition interlock device; creating a criminal offense.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.
Relating to the authority of a magistrate to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.
Relating to the suspension of the driver's license of a person arrested for an offense involving the operation of a motor vehicle while intoxicated or under the influence of alcohol.
Relating to defendants restricted to the operation of a vehicle equipped with an ignition interlock device or required to submit to alcohol monitoring and establishing a central database of those defendants.
Relating to the restriction of certain intoxication offenders to the operation of a motor vehicle with an ignition interlock device in lieu of a license suspension.
Relating to required alcohol monitoring and ignition interlock devices ordered by a court and a central database of those orders; creating a criminal offense.