| 1 | 1 | | 81R5727 JSC-D |
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| 2 | 2 | | By: Wentworth S.B. No. 1393 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the conditions for release on bond of a defendant |
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| 8 | 8 | | charged with certain intoxication offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 17.441, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION |
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| 13 | 13 | | INTERLOCK DEVICE OR ALCOHOL MONITORING DEVICE. (a) Except as |
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| 14 | 14 | | provided by Subsection (b), a magistrate shall require on release |
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| 15 | 15 | | that a defendant charged with a subsequent offense under Sections |
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| 16 | 16 | | 49.04-49.06, Penal Code, or an offense under Section 49.07 or 49.08 |
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| 17 | 17 | | of that code, as specified by the magistrate: |
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| 18 | 18 | | (1) have installed on the motor vehicle owned by the |
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| 19 | 19 | | defendant or on the vehicle most regularly driven by the defendant, |
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| 20 | 20 | | an ignition interlock [a] device that uses a deep-lung breath |
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| 21 | 21 | | analysis mechanism to make impractical the operation of a motor |
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| 22 | 22 | | vehicle if ethyl alcohol is detected in the breath of the |
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| 23 | 23 | | operator,[;] and |
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| 24 | 24 | | [(2)] not operate any motor vehicle unless the vehicle |
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| 25 | 25 | | is equipped with that device; or |
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| 26 | 26 | | (2) wear an alcohol monitoring device that provides |
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| 27 | 27 | | continuous remote alcohol monitoring and cannot be removed. |
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| 28 | 28 | | (b) The magistrate may not require the installation of the |
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| 29 | 29 | | ignition interlock device or the wearing of the alcohol monitoring |
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| 30 | 30 | | device if the magistrate finds that to require the ignition |
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| 31 | 31 | | interlock device or the alcohol monitoring device would not be in |
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| 32 | 32 | | the best interest of justice. |
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| 33 | 33 | | (c) If the defendant is required to have the ignition |
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| 34 | 34 | | interlock device installed, the magistrate shall require that the |
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| 35 | 35 | | defendant have the device installed on the appropriate motor |
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| 36 | 36 | | vehicle, at the defendant's expense, before the 30th day after the |
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| 37 | 37 | | date the defendant is released on bond. |
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| 38 | 38 | | (c-1) If the defendant is required to wear the alcohol |
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| 39 | 39 | | monitoring device, the magistrate shall require the defendant to |
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| 40 | 40 | | obtain the device at the defendant's expense and have the device |
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| 41 | 41 | | secured on the defendant before the 10th day after the defendant is |
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| 42 | 42 | | released on bond. |
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| 43 | 43 | | (d) The magistrate may designate an appropriate agency to |
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| 44 | 44 | | verify the installation of the ignition interlock device and to |
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| 45 | 45 | | monitor the device. If the magistrate designates an agency under |
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| 46 | 46 | | this subsection, in each month during which the agency verifies the |
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| 47 | 47 | | installation of the ignition interlock device or provides a |
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| 48 | 48 | | monitoring service, the defendant shall pay a fee to the designated |
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| 49 | 49 | | agency in the amount set by the magistrate. The defendant shall pay |
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| 50 | 50 | | the initial fee at the time the agency verifies the installation of |
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| 51 | 51 | | the ignition interlock device. In each subsequent month during |
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| 52 | 52 | | which the defendant is required to pay a fee, the defendant shall |
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| 53 | 53 | | pay the fee on the first occasion in that month that the agency |
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| 54 | 54 | | provides a monitoring service. The magistrate shall set the fee in |
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| 55 | 55 | | an amount not to exceed $10 as determined by the county auditor, or |
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| 56 | 56 | | by the commissioners court of the county if the county does not have |
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| 57 | 57 | | a county auditor, to be sufficient to cover the cost incurred by the |
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| 58 | 58 | | designated agency in conducting the verification, [or] providing |
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| 59 | 59 | | the monitoring service, or both, as applicable in that county. |
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| 60 | 60 | | SECTION 2. The change in law made by this Act applies only |
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| 61 | 61 | | to an offense committed on or after the effective date of this Act. |
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| 62 | 62 | | An offense committed before the effective date of this Act is |
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| 63 | 63 | | covered by the law in effect when the offense was committed, and the |
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| 64 | 64 | | former law is continued in effect for that purpose. For purposes of |
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| 65 | 65 | | this section, an offense was committed before the effective date of |
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| 66 | 66 | | this Act if any element of the offense occurred before that date. |
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| 67 | 67 | | SECTION 3. This Act takes effect September 1, 2009. |
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