81R3135 JSC-D
By: Callegari H.B. No. 1110
A BILL TO BE ENTITLED
AN ACT
relating to requiring the use of an ignition interlock device on
conviction of certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13(i), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(i) If a court places on community supervision a defendant
convicted of an offense under Section 49.04 or 49.045, Penal Code,
or an offense under Section 49.07 or 49.08, Penal Code, that
involves the operation of a motor vehicle, the court shall require
as a condition of community supervision that the defendant have a
device installed, on the motor vehicle owned by the defendant or on
the vehicle most regularly driven by the defendant, that uses a
deep-lung breath analysis mechanism to make impractical the
operation of the motor vehicle if ethyl alcohol is detected in the
breath of the operator and that the defendant not operate any motor
vehicle that is not equipped with that device. If a court places on
community supervision a defendant [person] convicted of an offense
under Section 49.05, 49.06, or 49.065 [Sections 49.04-49.08], Penal
Code, or an offense under Section 49.07 or 49.08, Penal Code, that
does not involve the operation of a motor vehicle [is placed on
community supervision], the court may require as a condition of
community supervision that the defendant have the [a] device
installed[,] on the appropriate [motor] vehicle [owned by the
defendant or on the vehicle most regularly driven by the defendant,
that uses a deep-lung breath analysis mechanism to make impractical
the operation of the motor vehicle if ethyl alcohol is detected in
the breath of the operator] and that the defendant not operate any
motor vehicle that is not equipped with that device. If it is shown
on the trial of an [the] offense under Section 49.05, 49.06, or
49.065, Penal Code, that an analysis of a specimen of the
defendant's [person's] blood, breath, or urine showed an alcohol
concentration level of 0.15 or more at the time the analysis was
performed, or if the defendant [person] is convicted of an offense
under one of those sections [Sections 49.04-49.06, Penal Code,] and
punished under Section 49.09(a) or (b), Penal Code, or is convicted
of a second or subsequent offense under Section 49.07 or 49.08,
Penal Code, that did not involve the operation of a motor vehicle,
and the defendant [person] after conviction of the [either] offense
is placed on community supervision, the court shall require as a
condition of community supervision that the defendant have the
device installed on the appropriate vehicle and that the defendant
not operate any motor vehicle that [unless the vehicle] is not
equipped with that device. Before placing on community
supervision a defendant [person] convicted of an offense under
Section 49.05, 49.06, or 49.065 [Sections 49.04-49.08], Penal Code,
or an offense under Section 49.07 or 49.08, Penal Code, that did not
involve the operation of a motor vehicle, the court shall determine
from criminal history record information maintained by the
Department of Public Safety whether the defendant [person] has one
or more previous convictions that result in restricting the
defendant to the operation of a motor vehicle equipped with a device
under this subsection. If the court requires the defendant to have
the device installed, the [under Sections 49.04-49.08, Penal Code,
or has one previous conviction under Sections 49.04-49.07, Penal
Code, or one previous conviction under Section 49.08, Penal
Code. If it is shown on the trial of the offense that an analysis
of a specimen of the person's blood, breath, or urine showed an
alcohol concentration level of 0.15 or more at the time the analysis
was performed, or if the court determines that the person has one or
more such previous convictions, the court shall require as a
condition of community supervision that the defendant have that
device installed on the motor vehicle owned by the defendant or on
the vehicle most regularly driven by the defendant and that the
defendant not operate any motor vehicle unless the vehicle is
equipped with the device described in this subsection. The] court
shall require the defendant to obtain the device at the defendant's
own cost before the 30th day after the date of conviction unless the
court finds that to do so would not be in the best interest of
justice and enters its findings on record. The court shall require
the defendant to provide evidence to the court within the 30-day
period that the device has been installed on the appropriate
vehicle and order the device to remain installed on that vehicle for
a period not less than 50 percent of the supervision period. If the
court determines the defendant [offender] is unable to pay for the
device, the court may impose a reasonable payment schedule not to
exceed twice the period of the court's order. The Department of
Public Safety shall approve devices for use under this
subsection. Section 521.247, Transportation Code, applies to the
approval of a device under this subsection and the consequences of
that approval. Notwithstanding the provisions of this subsection
[section], if a person is required to operate a motor vehicle in the
course and scope of the person's employment and if the vehicle is
owned by the employer, the person may operate that vehicle without
installation of an approved ignition interlock device if the
employer has been notified of that driving privilege restriction
and if proof of that notification is with the vehicle. This
employment exemption does not apply, however, if the business
entity that owns the vehicle is owned or controlled by the person
whose driving privilege has been restricted. A previous
conviction may not be used for purposes of restricting a defendant
[person] to the operation of a motor vehicle equipped with an
ignition interlock [ignition] device under this subsection if:
(1) the previous conviction was a final conviction
under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08,
Penal Code, and was for an offense committed more than 10 years
before the instant offense for which the defendant [person] was
convicted and placed on community supervision; and
(2) the defendant [person] has not been convicted of
an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065,
49.07, or 49.08 of that code, committed within 10 years before the
date on which the instant offense for which the defendant [person]
was convicted and placed on community supervision.
SECTION 2. Section 521.246, Transportation Code, is amended
to read as follows:
Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT. (a)
If the person's license has been suspended after a conviction under
Section 49.04 or 49.045, Penal Code, or under Section 49.07 or 49.08
[Section 49.04, 49.07, or 49.08], Penal Code, if the person used a
motor vehicle in the commission of the offense, as [the judge,
before signing an order, shall determine from the criminal history
record information maintained by the department whether the person
has any previous conviction under those laws.
[(b) As part of the order the judge may restrict the person
to the operation of a motor vehicle equipped with an ignition
interlock device if the judge determines that the person's license
has been suspended following a conviction under Section 49.04,
49.07, or 49.08, Penal Code. As] part of the order, the judge shall
restrict the person to the operation of a motor vehicle equipped
with an ignition interlock device [if the judge determines that:
[(1) the person has two or more convictions under any
combination of Section 49.04, 49.07, or 49.08, Penal Code; or
[(2) the person's license has been suspended after a
conviction under Section 49.04, Penal Code, for which the person
has been punished under Section 49.09, Penal Code].
(b) [(c)] The person shall obtain the ignition interlock
device at the person's own expense unless the court finds that to do
so is not in the best interest of justice and enters that finding in
the record. If the court determines that the person is unable to
pay for the device, the court may impose a reasonable payment
schedule for a term not to exceed twice the period of the court's
order.
(c) [(d)] The court shall order the ignition interlock
device to remain installed for at least half of the period of
supervision.
(d) [(e)] A person to whom this section applies may operate
a motor vehicle without the installation of an approved ignition
interlock device if:
(1) the person is required to operate a motor vehicle
in the course and scope of the person's employment;
(2) the vehicle is owned by the person's employer;
(3) the employer is not owned or controlled by the
person whose driving privilege is restricted;
(4) the employer is notified of the driving privilege
restriction; and
(5) proof of that notification is with the vehicle.
[(f) A previous conviction may not be used for purposes of
restricting a person to the operation of a motor vehicle equipped
with an interlock ignition device under this section if:
[(1) the previous conviction was a final conviction
under Section 49.04, 49.07, or 49.08, Penal Code, and was for an
offense committed more than 10 years before the instant offense for
which the person was convicted; and
[(2) the person has not been convicted of an offense
under Section 49.04, 49.07, or 49.08 of that code committed within
10 years before the date on which the instant offense for which the
person was convicted.]
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 4. This Act takes effect September 1, 2009.