Texas 2009 - 81st Regular

Texas House Bill HB1110 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3135 JSC-D
2	2	By: Callegari H.B. No. 1110
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring the use of an ignition interlock device on
8	8	conviction of certain intoxication offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 13(i), Article 42.12, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(i) If a court places on community supervision a defendant
13	13	convicted of an offense under Section 49.04 or 49.045, Penal Code,
14	14	or an offense under Section 49.07 or 49.08, Penal Code, that
15	15	involves the operation of a motor vehicle, the court shall require
16	16	as a condition of community supervision that the defendant have a
17	17	device installed, on the motor vehicle owned by the defendant or on
18	18	the vehicle most regularly driven by the defendant, that uses a
19	19	deep-lung breath analysis mechanism to make impractical the
20	20	operation of the motor vehicle if ethyl alcohol is detected in the
21	21	breath of the operator and that the defendant not operate any motor
22	22	vehicle that is not equipped with that device. If a court places on
23	23	community supervision a defendant [person] convicted of an offense
24	24	under Section 49.05, 49.06, or 49.065 [Sections 49.04-49.08], Penal
25	25	Code, or an offense under Section 49.07 or 49.08, Penal Code, that
26	26	does not involve the operation of a motor vehicle [is placed on
27	27	community supervision], the court may require as a condition of
28	28	community supervision that the defendant have the [a] device
29	29	installed[,] on the appropriate [motor] vehicle [owned by the
30	30	defendant or on the vehicle most regularly driven by the defendant,
31	31	that uses a deep-lung breath analysis mechanism to make impractical
32	32	the operation of the motor vehicle if ethyl alcohol is detected in
33	33	the breath of the operator] and that the defendant not operate any
34	34	motor vehicle that is not equipped with that device. If it is shown
35	35	on the trial of an [the] offense under Section 49.05, 49.06, or
36	36	49.065, Penal Code, that an analysis of a specimen of the
37	37	defendant's [person's] blood, breath, or urine showed an alcohol
38	38	concentration level of 0.15 or more at the time the analysis was
39	39	performed, or if the defendant [person] is convicted of an offense
40	40	under one of those sections [Sections 49.04-49.06, Penal Code,] and
41	41	punished under Section 49.09(a) or (b), Penal Code, or is convicted
42	42	of a second or subsequent offense under Section 49.07 or 49.08,
43	43	Penal Code, that did not involve the operation of a motor vehicle,
44	44	and the defendant [person] after conviction of the [either] offense
45	45	is placed on community supervision, the court shall require as a
46	46	condition of community supervision that the defendant have the
47	47	device installed on the appropriate vehicle and that the defendant
48	48	not operate any motor vehicle that [unless the vehicle] is not
49	49	equipped with that device. Before placing on community
50	50	supervision a defendant [person] convicted of an offense under
51	51	Section 49.05, 49.06, or 49.065 [Sections 49.04-49.08], Penal Code,
52	52	or an offense under Section 49.07 or 49.08, Penal Code, that did not
53	53	involve the operation of a motor vehicle, the court shall determine
54	54	from criminal history record information maintained by the
55	55	Department of Public Safety whether the defendant [person] has one
56	56	or more previous convictions that result in restricting the
57	57	defendant to the operation of a motor vehicle equipped with a device
58	58	under this subsection. If the court requires the defendant to have
59	59	the device installed, the [under Sections 49.04-49.08, Penal Code,
60	60	or has one previous conviction under Sections 49.04-49.07, Penal
61	61	Code, or one previous conviction under Section 49.08, Penal
62	62	Code. If it is shown on the trial of the offense that an analysis
63	63	of a specimen of the person's blood, breath, or urine showed an
64	64	alcohol concentration level of 0.15 or more at the time the analysis
65	65	was performed, or if the court determines that the person has one or
66	66	more such previous convictions, the court shall require as a
67	67	condition of community supervision that the defendant have that
68	68	device installed on the motor vehicle owned by the defendant or on
69	69	the vehicle most regularly driven by the defendant and that the
70	70	defendant not operate any motor vehicle unless the vehicle is
71	71	equipped with the device described in this subsection. The] court
72	72	shall require the defendant to obtain the device at the defendant's
73	73	own cost before the 30th day after the date of conviction unless the
74	74	court finds that to do so would not be in the best interest of
75	75	justice and enters its findings on record. The court shall require
76	76	the defendant to provide evidence to the court within the 30-day
77	77	period that the device has been installed on the appropriate
78	78	vehicle and order the device to remain installed on that vehicle for
79	79	a period not less than 50 percent of the supervision period. If the
80	80	court determines the defendant [offender] is unable to pay for the
81	81	device, the court may impose a reasonable payment schedule not to
82	82	exceed twice the period of the court's order. The Department of
83	83	Public Safety shall approve devices for use under this
84	84	subsection. Section 521.247, Transportation Code, applies to the
85	85	approval of a device under this subsection and the consequences of
86	86	that approval. Notwithstanding the provisions of this subsection
87	87	[section], if a person is required to operate a motor vehicle in the
88	88	course and scope of the person's employment and if the vehicle is
89	89	owned by the employer, the person may operate that vehicle without
90	90	installation of an approved ignition interlock device if the
91	91	employer has been notified of that driving privilege restriction
92	92	and if proof of that notification is with the vehicle. This
93	93	employment exemption does not apply, however, if the business
94	94	entity that owns the vehicle is owned or controlled by the person
95	95	whose driving privilege has been restricted. A previous
96	96	conviction may not be used for purposes of restricting a defendant
97	97	[person] to the operation of a motor vehicle equipped with an
98	98	ignition interlock [ignition] device under this subsection if:
99	99	(1) the previous conviction was a final conviction
100	100	under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08,
101	101	Penal Code, and was for an offense committed more than 10 years
102	102	before the instant offense for which the defendant [person] was
103	103	convicted and placed on community supervision; and
104	104	(2) the defendant [person] has not been convicted of
105	105	an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065,
106	106	49.07, or 49.08 of that code, committed within 10 years before the
107	107	date on which the instant offense for which the defendant [person]
108	108	was convicted and placed on community supervision.
109	109	SECTION 2. Section 521.246, Transportation Code, is amended
110	110	to read as follows:
111	111	Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT. (a)
112	112	If the person's license has been suspended after a conviction under
113	113	Section 49.04 or 49.045, Penal Code, or under Section 49.07 or 49.08
114	114	[Section 49.04, 49.07, or 49.08], Penal Code, if the person used a
115	115	motor vehicle in the commission of the offense, as [the judge,
116	116	before signing an order, shall determine from the criminal history
117	117	record information maintained by the department whether the person
118	118	has any previous conviction under those laws.
119	119	[(b) As part of the order the judge may restrict the person
120	120	to the operation of a motor vehicle equipped with an ignition
121	121	interlock device if the judge determines that the person's license
122	122	has been suspended following a conviction under Section 49.04,
123	123	49.07, or 49.08, Penal Code. As] part of the order, the judge shall
124	124	restrict the person to the operation of a motor vehicle equipped
125	125	with an ignition interlock device [if the judge determines that:
126	126	[(1) the person has two or more convictions under any
127	127	combination of Section 49.04, 49.07, or 49.08, Penal Code; or
128	128	[(2) the person's license has been suspended after a
129	129	conviction under Section 49.04, Penal Code, for which the person
130	130	has been punished under Section 49.09, Penal Code].
131	131	(b) [(c)] The person shall obtain the ignition interlock
132	132	device at the person's own expense unless the court finds that to do
133	133	so is not in the best interest of justice and enters that finding in
134	134	the record. If the court determines that the person is unable to
135	135	pay for the device, the court may impose a reasonable payment
136	136	schedule for a term not to exceed twice the period of the court's
137	137	order.
138	138	(c) [(d)] The court shall order the ignition interlock
139	139	device to remain installed for at least half of the period of
140	140	supervision.
141	141	(d) [(e)] A person to whom this section applies may operate
142	142	a motor vehicle without the installation of an approved ignition
143	143	interlock device if:
144	144	(1) the person is required to operate a motor vehicle
145	145	in the course and scope of the person's employment;
146	146	(2) the vehicle is owned by the person's employer;
147	147	(3) the employer is not owned or controlled by the
148	148	person whose driving privilege is restricted;
149	149	(4) the employer is notified of the driving privilege
150	150	restriction; and
151	151	(5) proof of that notification is with the vehicle.
152	152	[(f) A previous conviction may not be used for purposes of
153	153	restricting a person to the operation of a motor vehicle equipped
154	154	with an interlock ignition device under this section if:
155	155	[(1) the previous conviction was a final conviction
156	156	under Section 49.04, 49.07, or 49.08, Penal Code, and was for an
157	157	offense committed more than 10 years before the instant offense for
158	158	which the person was convicted; and
159	159	[(2) the person has not been convicted of an offense
160	160	under Section 49.04, 49.07, or 49.08 of that code committed within
161	161	10 years before the date on which the instant offense for which the
162	162	person was convicted.]
163	163	SECTION 3. The change in law made by this Act applies only
164	164	to an offense committed on or after the effective date of this Act.
165	165	An offense committed before the effective date of this Act is
166	166	governed by the law in effect when the offense was committed, and
167	167	the former law is continued in effect for that purpose. For
168	168	purposes of this section, an offense was committed before the
169	169	effective date of this Act if any element of the offense was
170	170	committed before that date.
171	171	SECTION 4. This Act takes effect September 1, 2009.