Texas 2009 - 81st Regular

Texas House Bill HB1499 Compare Versions

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1	1	81R30402 E
2	2	By: King of Zavala H.B. No. 1499
3	3	Substitute the following for H.B. No. 1499:
4	4	By: Merritt C.S.H.B. No. 1499
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the installation and removal of an ignition interlock
10	10	device.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 17.441(c), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(c) If the defendant is required to have the device
15	15	installed, the magistrate shall require that the defendant have the
16	16	device installed on the appropriate motor vehicle, at the
17	17	defendant's expense, not later than the 15th business [before the
18	18	30th] day after the date the defendant is released on bond.
19	19	SECTION 2. Section 13(i), Article 42.12, Code of Criminal
20	20	Procedure, is amended to read as follows:
21	21	(i) If a person convicted of an offense under Sections
22	22	49.04-49.08, Penal Code, is placed on community supervision, the
23	23	court may require as a condition of community supervision that the
24	24	defendant have a device installed, on the motor vehicle owned by the
25	25	defendant or on the vehicle most regularly driven by the defendant,
26	26	that uses a deep-lung breath analysis mechanism to make impractical
27	27	the operation of the motor vehicle if ethyl alcohol is detected in
28	28	the breath of the operator and that the defendant not operate any
29	29	motor vehicle that is not equipped with that device. If it is shown
30	30	on the trial of the offense that an analysis of a specimen of the
31	31	person's blood, breath, or urine showed an alcohol concentration
32	32	level of 0.15 or more at the time the analysis was performed, or if
33	33	the person is convicted of an offense under Sections 49.04-49.06,
34	34	Penal Code, and punished under Section 49.09(a) or (b), Penal Code,
35	35	or of a second or subsequent offense under Section 49.07 or 49.08,
36	36	Penal Code, and the person after conviction of either offense is
37	37	placed on community supervision, the court shall require as a
38	38	condition of community supervision that the defendant have the
39	39	device installed on the appropriate vehicle and that the defendant
40	40	not operate any motor vehicle unless the vehicle is equipped with
41	41	that device. Before placing on community supervision a person
42	42	convicted of an offense under Sections 49.04-49.08, Penal Code, the
43	43	court shall determine from criminal history record information
44	44	maintained by the Department of Public Safety whether the person
45	45	has one or more previous convictions under Sections 49.04-49.08,
46	46	Penal Code, or has one previous conviction under Sections
47	47	49.04-49.07, Penal Code, or one previous conviction under Section
48	48	49.08, Penal Code. If it is shown on the trial of the offense that
49	49	an analysis of a specimen of the person's blood, breath, or urine
50	50	showed an alcohol concentration level of 0.15 or more at the time
51	51	the analysis was performed, or if the court determines that the
52	52	person has one or more such previous convictions, the court shall
53	53	require as a condition of community supervision that the defendant
54	54	have that device installed on the motor vehicle owned by the
55	55	defendant or on the vehicle most regularly driven by the defendant
56	56	and that the defendant not operate any motor vehicle unless the
57	57	vehicle is equipped with the device described in this
58	58	subsection. The court shall require the defendant to obtain the
59	59	device at the defendant's own cost not later than the 15th business
60	60	[before the 30th] day after the date of conviction unless the court
61	61	finds that to do so would not be in the best interest of justice and
62	62	enters its findings on record. The court shall require the
63	63	defendant to promptly provide evidence to the court [within the
64	64	30-day period] that the device has been installed on the
65	65	appropriate vehicle and order the device to remain installed on
66	66	that vehicle for a period not less than 50 percent of the
67	67	supervision period. If the court determines the offender is unable
68	68	to pay for the device, the court may impose a reasonable payment
69	69	schedule not to exceed twice the period of the court's order. The
70	70	Department of Public Safety shall approve devices for use under
71	71	this subsection. Section 521.247, Transportation Code, applies to
72	72	the approval of a device under this subsection and the consequences
73	73	of that approval. Notwithstanding the provisions of this section,
74	74	if a person is required to operate a motor vehicle in the course and
75	75	scope of the person's employment and if the vehicle is owned by the
76	76	employer, the person may operate that vehicle without installation
77	77	of an approved ignition interlock device if the employer has been
78	78	notified of that driving privilege restriction and if proof of that
79	79	notification is with the vehicle. This employment exemption does
80	80	not apply, however, if the business entity that owns the vehicle is
81	81	owned or controlled by the person whose driving privilege has been
82	82	restricted. A previous conviction may not be used for purposes of
83	83	restricting a person to the operation of a motor vehicle equipped
84	84	with an interlock ignition device under this subsection if:
85	85	(1) the previous conviction was a final conviction
86	86	under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
87	87	Code, and was for an offense committed more than 10 years before the
88	88	instant offense for which the person was convicted and placed on
89	89	community supervision; and
90	90	(2) the person has not been convicted of an offense
91	91	under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08 of that
92	92	code, committed within 10 years before the date on which the instant
93	93	offense for which the person was convicted and placed on community
94	94	supervision.
95	95	SECTION 3. Section 521.246(d), Transportation Code, is
96	96	amended to read as follows:
97	97	(d) The court shall require the ignition interlock device to
98	98	be installed not later than the 15th business day after the date the
99	99	occupational license takes effect and shall order the ignition
100	100	interlock device to remain installed for at least half of the period
101	101	of supervision.
102	102	SECTION 4. Section 521.2476(b), Transportation Code, is
103	103	amended to read as follows:
104	104	(b) The minimum standards shall require each vendor to:
105	105	(1) be authorized by the department to do business in
106	106	this state;
107	107	(2) install a device only if the device is approved
108	108	under Section 521.247;
109	109	(3) obtain liability insurance providing coverage for
110	110	damages arising out of the operation or use of devices in amounts
111	111	and under the terms specified by the department;
112	112	(4) install the device and activate any
113	113	anticircumvention feature of the device within a reasonable time
114	114	after the vendor receives notice that installation is ordered by a
115	115	court;
116	116	(5) install and inspect the device in accordance with
117	117	any applicable court order;
118	118	(6) repair or replace a device not later than 48 hours
119	119	after receiving notice of a complaint regarding the operation of
120	120	the device;
121	121	(7) remove a device not later than the 15th business
122	122	day after the date the owner or operator of the vehicle requests
123	123	removal and provides a copy of a court order to the vendor showing
124	124	that the owner or operator is no longer restricted to the use of a
125	125	motor vehicle equipped with an ignition interlock device;
126	126	(8) submit a written report of any violation of a court
127	127	order to that court and to the person's supervising officer, if any,
128	128	not later than 48 hours after the vendor discovers the violation;
129	129	(9) [(8)] maintain a record of each action taken by
130	130	the vendor with respect to each device installed by the vendor,
131	131	including each action taken as a result of an attempt to circumvent
132	132	the device, until at least the fifth anniversary after the date of
133	133	installation;
134	134	(10) [(9)] make a copy of the record available for
135	135	inspection by or send a copy of the record to any court, supervising
136	136	officer, or the department on request; and
137	137	(11) [(10)] annually provide to the department a
138	138	written report of each service and ignition interlock device
139	139	feature made available by the vendor.
140	140	SECTION 5. The changes in law made by this Act in amending
141	141	Articles 17.441 and 42.12, Code of Criminal Procedure, and Section
142	142	521.246, Transportation Code, apply only to a court order entered
143	143	on or after the effective date of this Act. A court order entered
144	144	before the effective date of this Act is governed by the law in
145	145	effect when the court order was entered, and the former law is
146	146	continued in effect for that purpose.
147	147	SECTION 6. The Department of Public Safety by rule shall
148	148	establish the minimum standards required by Section 521.2476(b),
149	149	Transportation Code, as amended by this Act, not later than
150	150	December 1, 2009.
151	151	SECTION 7. This Act takes effect September 1, 2009.