TX
Texas House Bill HB4061

Texas 2009 - 81st Regular

Texas House Bill HB4061

Filed
 
Out of House Committee
4/17/09  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the consequences of an arrest for or conviction of certain intoxication offenses.

Impact

The enactment of HB 4061 will affect the Code of Criminal Procedure and the Transportation Code significantly by making it a statutory requirement for offenders of qualifying intoxication offenses to utilize an IID. This change reinforces the state’s commitment to reducing alcohol-related vehicular incidents by providing a mechanism that deters individuals from driving under the influence. Moreover, for repeat offenders or those with higher blood alcohol concentration levels, the bill specifies additional conditions regarding license suspensions and requirements for reinstatement, indicating a more stringent approach toward habitual offenders.

Summary

House Bill 4061 aims to enhance the legal framework for handling alcohol-related offenses in Texas by requiring the installation of ignition interlock devices (IIDs) for individuals convicted of specific intoxication offenses. The bill stipulates that if a person is convicted under certain sections of the Penal Code related to intoxication, the court must mandate that a deep-lung breath analysis mechanism is installed in the individual's vehicle. This device is designed to prevent the operation of the vehicle if the operator has consumed alcohol. The bill emphasizes that the offender must bear the cost of the device, unless the court finds that doing so would not serve the interest of justice.

Contention

There are key points of contention surrounding the bill. Supporters argue that stringent measures like the IID requirements will enhance public safety and help reduce drunk driving incidents. On the other hand, critics may express concerns regarding the financial burden on offenders who may already be experiencing hardships due to legal penalties. Additionally, there are implications about the fairness of imposing such costs, particularly for those who may struggle to afford the device yet need to drive for employment. The debate centers around balancing public safety with individual financial and social circumstances.

Latest HB4061 Activity

Companion Bills

No companion bills found.

Previously Filed As

TX HB1163

Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.

TX SB23

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.

TX HB2922

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.

TX HB1178

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.

TX SB324

Relating to changing the eligibility for community supervision for certain repeat intoxication offenders.

TX HB93

Relating to changing the eligibility for community supervision and parole for certain repeat intoxication offenders.

TX HB4843

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.

TX HB1720

Relating to the dissemination of criminal history record information by the Department of Public Safety concerning certain intoxication offenses.

TX HB1131

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.

TX HB218

Relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.

Similar Bills

TX HB2733

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.

TX HB364

Relating to required alcohol monitoring and ignition interlock devices ordered by a court and a central database of those orders; creating a criminal offense.

TX HB2246

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.

TX HB3016

Relating to the eligibility of a criminal defendant for an order of nondisclosure of criminal history record information.

TX HB1499

Relating to the installation and removal of an ignition interlock device.

TX HB1022

Relating to the reporting of and access to information about defendants restricted to the operation of a motor vehicle with an ignition interlock device.

TX HB4003

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.

TX SB558

Relating to the creation of a central database containing information about defendants required to have an ignition interlock device installed on a motor vehicle and submission of information to and access to information in that database.