Texas 2009 - 81st Regular

Texas Senate Bill SB170 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1384 PEP-D
2	2	By: Ellis S.B. No. 170
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring the use of an ignition interlock device on
8	8	conviction of certain intoxication offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 13(i) and (n), Article 42.12, Code of
11	11	Criminal Procedure, are amended to read as follows:
12	12	(i) If a person convicted of an offense under Sections
13	13	49.04-49.08, Penal Code, is placed on community supervision, the
14	14	court shall [may] require as a condition of community supervision
15	15	that the defendant have a device installed, on the motor vehicle
16	16	owned by the defendant or on the vehicle most regularly driven by
17	17	the defendant, that uses a deep-lung breath analysis mechanism to
18	18	make impractical the operation of the motor vehicle if ethyl
19	19	alcohol is detected in the breath of the operator and that the
20	20	defendant not operate any motor vehicle that is not equipped with
21	21	that device. [If it is shown on the trial of the offense that an
22	22	analysis of a specimen of the person's blood, breath, or urine
23	23	showed an alcohol concentration level of 0.15 or more at the time
24	24	the analysis was performed, or if the person is convicted of an
25	25	offense under Sections 49.04-49.06, Penal Code, and punished under
26	26	Section 49.09(a) or (b), Penal Code, or of a second or subsequent
27	27	offense under Section 49.07 or 49.08, Penal Code, and the person
28	28	after conviction of either offense is placed on community
29	29	supervision, the court shall require as a condition of community
30	30	supervision that the defendant have the device installed on the
31	31	appropriate vehicle and that the defendant not operate any motor
32	32	vehicle unless the vehicle is equipped with that device. Before
33	33	placing on community supervision a person convicted of an offense
34	34	under Sections 49.04-49.08, Penal Code, the court shall determine
35	35	from criminal history record information maintained by the
36	36	Department of Public Safety whether the person has one or more
37	37	previous convictions under Sections 49.04-49.08, Penal Code, or has
38	38	one previous conviction under Sections 49.04-49.07, Penal Code, or
39	39	one previous conviction under Section 49.08, Penal Code. If it is
40	40	shown on the trial of the offense that an analysis of a specimen of
41	41	the person's blood, breath, or urine showed an alcohol
42	42	concentration level of 0.15 or more at the time the analysis was
43	43	performed, or if the court determines that the person has one or
44	44	more such previous convictions, the court shall require as a
45	45	condition of community supervision that the defendant have that
46	46	device installed on the motor vehicle owned by the defendant or on
47	47	the vehicle most regularly driven by the defendant and that the
48	48	defendant not operate any motor vehicle unless the vehicle is
49	49	equipped with the device described in this subsection.] The court
50	50	shall require the defendant to obtain the device at the defendant's
51	51	own cost before the 30th day after the date of conviction unless the
52	52	court finds that to do so would not be in the best interest of
53	53	justice and enters its findings on record. The court shall require
54	54	the defendant to provide evidence to the court within the 30-day
55	55	period that the device has been installed on the appropriate
56	56	vehicle and order the device to remain installed on that vehicle for
57	57	a period not less than 50 percent of the supervision period. If the
58	58	court determines the offender is unable to pay for the device, the
59	59	court may impose a reasonable payment schedule not to exceed twice
60	60	the period of the court's order. The Department of Public Safety
61	61	shall approve devices for use under this subsection. Section
62	62	521.247, Transportation Code, applies to the approval of a device
63	63	under this subsection and the consequences of that approval.
64	64	Notwithstanding the provisions of this section, if a person is
65	65	required to operate a motor vehicle in the course and scope of the
66	66	person's employment and if the vehicle is owned by the employer, the
67	67	person may operate that vehicle without installation of an approved
68	68	ignition interlock device if the employer has been notified of that
69	69	driving privilege restriction and if proof of that notification is
70	70	with the vehicle. This employment exemption does not apply,
71	71	however, if the business entity that owns the vehicle is owned or
72	72	controlled by the person whose driving privilege has been
73	73	restricted. [A previous conviction may not be used for purposes of
74	74	restricting a person to the operation of a motor vehicle equipped
75	75	with an interlock ignition device under this subsection if:
76	76	[(1) the previous conviction was a final conviction
77	77	under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
78	78	Code, and was for an offense committed more than 10 years before the
79	79	instant offense for which the person was convicted and placed on
80	80	community supervision; and
81	81	[(2) the person has not been convicted of an offense
82	82	under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08 of that
83	83	code, committed within 10 years before the date on which the instant
84	84	offense for which the person was convicted and placed on community
85	85	supervision.]
86	86	(n) Notwithstanding any other provision of this section or
87	87	other law, the judge who places on community supervision a
88	88	defendant who is younger than 21 years of age and convicted for an
89	89	offense under Sections 49.04-49.08, Penal Code, shall[:
90	90	[(1)] order that the defendant's driver's license be
91	91	suspended for 90 days beginning on the date that the person is
92	92	placed on community supervision [; and
93	93	[(2) require as a condition of community supervision
94	94	that the defendant not operate a motor vehicle unless the vehicle is
95	95	equipped with the device described by Subsection (i) of this
96	96	section].
97	97	SECTION 2. Section 521.246, Transportation Code, is amended
98	98	to read as follows:
99	99	Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT. (a)
100	100	If the person's license has been suspended after a conviction under
101	101	Sections 49.04-49.08 [Section 49.04, 49.07, or 49.08], Penal Code,
102	102	as [the judge, before signing an order, shall determine from the
103	103	criminal history record information maintained by the department
104	104	whether the person has any previous conviction under those laws.
105	105	[(b) As part of the order the judge may restrict the person
106	106	to the operation of a motor vehicle equipped with an ignition
107	107	interlock device if the judge determines that the person's license
108	108	has been suspended following a conviction under Section 49.04,
109	109	49.07, or 49.08, Penal Code. As] part of the order, the judge shall
110	110	restrict the person to the operation of a motor vehicle equipped
111	111	with an ignition interlock device [if the judge determines that:
112	112	[(1) the person has two or more convictions under any
113	113	combination of Section 49.04, 49.07, or 49.08, Penal Code; or
114	114	[(2) the person's license has been suspended after a
115	115	conviction under Section 49.04, Penal Code, for which the person
116	116	has been punished under Section 49.09, Penal Code].
117	117	(b) [(c)] The person shall obtain the ignition interlock
118	118	device at the person's own expense unless the court finds that to do
119	119	so is not in the best interest of justice and enters that finding in
120	120	the record. If the court determines that the person is unable to
121	121	pay for the device, the court may impose a reasonable payment
122	122	schedule for a term not to exceed twice the period of the court's
123	123	order.
124	124	(c) [(d)] The court shall order the ignition interlock
125	125	device to remain installed for at least half of the period of
126	126	supervision.
127	127	(d) [(e)] A person to whom this section applies may operate
128	128	a motor vehicle without the installation of an approved ignition
129	129	interlock device if:
130	130	(1) the person is required to operate a motor vehicle
131	131	in the course and scope of the person's employment;
132	132	(2) the vehicle is owned by the person's employer;
133	133	(3) the employer is not owned or controlled by the
134	134	person whose driving privilege is restricted;
135	135	(4) the employer is notified of the driving privilege
136	136	restriction; and
137	137	(5) proof of that notification is with the vehicle.
138	138	[(f) A previous conviction may not be used for purposes of
139	139	restricting a person to the operation of a motor vehicle equipped
140	140	with an interlock ignition device under this section if:
141	141	[(1) the previous conviction was a final conviction
142	142	under Section 49.04, 49.07, or 49.08, Penal Code, and was for an
143	143	offense committed more than 10 years before the instant offense for
144	144	which the person was convicted; and
145	145	[(2) the person has not been convicted of an offense
146	146	under Section 49.04, 49.07, or 49.08 of that code committed within
147	147	10 years before the date on which the instant offense for which the
148	148	person was convicted.]
149	149	SECTION 3. The change in law made by this Act applies only
150	150	to an offense committed on or after the effective date of this Act.
151	151	An offense committed before the effective date of this Act is
152	152	governed by the law in effect when the offense was committed, and
153	153	the former law is continued in effect for that purpose. For
154	154	purposes of this section, an offense was committed before the
155	155	effective date of this Act if any element of the offense was
156	156	committed before that date.
157	157	SECTION 4. This Act takes effect September 1, 2009.