Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses.
Impact
The impact of HB 1110 on state laws is significant as it aligns the consequences of intoxication offenses with preventive measures against drunk driving. The bill amends existing provisions in the Code of Criminal Procedure to ensure that specific offenders are held accountable for their actions while also providing them with a mechanism to regain their driving privileges under monitored conditions. Notably, the bill specifies that the IID must remain installed for at least half of the supervision period, ensuring long-term compliance and monitoring of high-risk offenders.
Summary
House Bill 1110 is an act aimed at enhancing public safety measures concerning intoxication offenses involving motor vehicles. Specifically, the bill mandates that individuals convicted of certain intoxication-related offenses under the Texas Penal Code must install an ignition interlock device (IID) as a condition of community supervision. The IID functions by requiring the driver to perform a breath test to ensure they are not under the influence of alcohol before the vehicle can be started. This legislative effort seeks to deter repeat offenses and reduce instances of driving while intoxicated (DWI).
Contention
There are points of contention surrounding the implementation and financial responsibility of the IID. Critics argue that mandating the installation of an IID at the individual's expense may create financial burdens, particularly for those who may already be facing economic hardships after a conviction. Furthermore, there are concerns regarding whether the existing legal framework adequately considers individuals who may not be able to afford the device, potentially leading to inequities in how justice is administered. Proponents, however, argue that it is a necessary expense for public safety and reducing recidivism among intoxicated drivers.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
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 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 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 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 justice of the peace to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication criminal offenses.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.
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.