Texas House Bill HB4061

Texas 2009 - 81st Regular

• Out of House Committee: 4/17/09
• Voted on by House: 5/13/09
• Refer: 5/19/09

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.