81R17280 PEP-D
By: Smith of Tarrant, Callegari, Vo, Merritt H.B. No. 4061
Substitute the following for H.B. No. 4061:
By: Frost C.S.H.B. No. 4061
A BILL TO BE ENTITLED
AN ACT
relating to the consequences of an arrest for or conviction of
certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 13(i) and (n), Article 42.12, Code of
Criminal Procedure, are amended to read as follows:
(i) If a person convicted of an offense under Sections
49.04-49.08, Penal Code, is placed on community supervision, the
court shall [may] 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 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 person is convicted of an
offense under Sections 49.04-49.06, Penal Code, and punished under
Section 49.09(a) or (b), Penal Code, or of a second or subsequent
offense under Section 49.07 or 49.08, Penal Code, and the person
after conviction of 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 unless the vehicle is equipped with that device. Before
placing on community supervision a person convicted of an offense
under Sections 49.04-49.08, Penal Code, the court shall determine
from criminal history record information maintained by the
Department of Public Safety whether the person has one or more
previous convictions 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 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 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 person to the operation of a motor vehicle equipped
with an 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, 49.07, 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 placed on
community supervision; and
[(2) the person has not been convicted of an offense
under Section 49.04, 49.045, 49.05, 49.06, 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 and placed on community
supervision.]
(n) Notwithstanding any other provision of this section or
other law, the judge who places on community supervision a
defendant who is younger than 21 years of age and convicted for an
offense under Sections 49.04-49.08, Penal Code, shall[:
[(1)] order that the defendant's driver's license be
suspended for 90 days beginning on the date that the person is
placed on community supervision [; and
[(2) require as a condition of community supervision
that the defendant not operate a motor vehicle unless the vehicle is
equipped with the device described by Subsection (i) of this
section].
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
Sections 49.04-49.08 [Section 49.04, 49.07, or 49.08], Penal Code,
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. Section 521.251, Transportation Code, is amended
to read as follows:
Sec. 521.251. EFFECTIVE DATE OF OCCUPATIONAL LICENSE.
(a) If a person's license is suspended under Chapter 524 or 724 and
the person has not had a prior suspension arising from an
alcohol-related or drug-related enforcement contact in the five
years preceding the date of the person's arrest, an order under this
subchapter granting the person an occupational license takes effect
immediately. However, the court shall order the person to comply
with the counseling and rehabilitation program required under
Section 521.245.
(b) An order under this subchapter granting the person an
occupational license may not take effect before the 45th day after
the effective date of the person's driver's license suspension
under Chapter 524 or 724 if [If] the person's [driver's] license has
been suspended as a result of:
(1) an alcohol-related or drug-related enforcement
contact during the five years preceding the date of the person's
arrest; or
(2) [, the order may not take effect before the 91st
day after the effective date of the suspension.
[(c) If the person's driver's license has been suspended as
a result of a conviction under Section 49.04, 49.07, or 49.08, Penal
Code, during the five years preceding the date of the person's
arrest, the order may not take effect before the 181st day after the
effective date of the suspension.
[(d) Notwithstanding any other provision in this section,
if the person's driver's license has been suspended as a result of]
a second or subsequent conviction under Section 49.04, 49.045,
49.07, or 49.08, Penal Code, committed within five years of the date
on which the most recent preceding offense was committed[, an order
granting the person an occupational license may not take effect
before the first anniversary of the effective date of the
suspension].
(c) [(e)] For the purposes of this section,
"alcohol-related or drug-related enforcement contact" has the
meaning assigned by Section 524.001.
SECTION 4. Except as provided by Section 5 of this Act, 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 5. The change in law made by this Act in amending
Section 521.251, Transportation Code, applies only to a person who
applies for an occupational driver's license on or after September
1, 2009.
SECTION 6. This Act takes effect September 1, 2009.