82R10138 JSC-D
By: Smith of Harris H.B. No. 3029
A BILL TO BE ENTITLED
AN ACT
relating to the conditions for release on bond of a defendant
charged with certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.441, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION
INTERLOCK DEVICE. (a) Except as provided by Subsection (b), a
magistrate shall require on release that a defendant charged with a
subsequent offense under Section 49.04, 49.045, 49.05, or 49.06
[Sections 49.04-49.06], Penal Code, or with an offense under
Section 49.07 or 49.08 of that code:
(1) have installed on the motor vehicle owned by the
defendant or on the vehicle most regularly driven by the defendant,
an ignition interlock [a] device that uses a deep-lung breath
analysis mechanism to make impractical the operation of a motor
vehicle if ethyl alcohol is detected in the breath of the operator;
and
(2) not operate any motor vehicle unless the vehicle
is equipped with that device.
(b) The magistrate may not require the installation of the
ignition interlock device if the magistrate finds that to require
the device would not be in the best interest of justice.
(c) If the defendant is required to have the ignition
interlock device installed, the magistrate shall require that the
defendant have the device installed on the appropriate motor
vehicle, at the defendant's expense, before the 30th day after the
date the defendant is released on bond.
(d) The magistrate may designate an appropriate agency to
verify the installation of the ignition interlock device and to
monitor the device. If the magistrate designates an agency under
this subsection, in each month during which the agency verifies the
installation of the device or provides a monitoring service, the
defendant shall pay a fee to the designated agency in the amount set
by the magistrate. The defendant shall pay the initial fee at the
time the agency verifies the installation of the device. In each
subsequent month during which the defendant is required to pay a
fee, the defendant shall pay the fee on the first occasion in that
month that the agency provides a monitoring service. The
magistrate shall set the fee in an amount not to exceed $10 as
determined by the county auditor, or by the commissioners court of
the county if the county does not have a county auditor, to be
sufficient to cover the cost incurred by the designated agency in
conducting the verification, [or] providing the monitoring
service, or both, as applicable in that county.
SECTION 2. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.442 to read as follows:
Art. 17.442. CONDITIONS REQUIRING ALCOHOL TESTING. (a)
This article applies only to a defendant who:
(1) is charged with a subsequent offense under Section
49.04, 49.045, 49.05, or 49.06, Penal Code, or with an offense under
Section 49.07 or 49.08 of that code; and
(2) does not own or regularly operate a motor vehicle.
(b) A magistrate may require a defendant described by
Subsection (a) as a condition of release to submit to alcohol
testing at the defendant's expense, including by:
(1) wearing an alcohol monitoring device that provides
continuous remote alcohol monitoring and is not intended to be
removed by the defendant; or
(2) obtaining a deep-lung breath analysis mechanism
that detects ethyl alcohol on the defendant's breath and using the
mechanism at intervals prescribed by the court.
(c) If the magistrate requires the defendant to wear an
alcohol monitoring device under this article, the magistrate must
specify the date by which the defendant must have the device secured
to the defendant. If the magistrate requires the defendant to
obtain and use a breath analysis mechanism under this article, the
magistrate must specify the date by which the defendant must obtain
and begin using the mechanism.
(d) The magistrate may revoke the bond and order the
defendant arrested if the court finds, after notice and an
opportunity for a hearing, that:
(1) the defendant refused to wear an alcohol
monitoring device, if required by the court;
(2) the defendant failed to obtain and use a breath
analysis mechanism, if required by the court;
(3) the defendant tampered with or otherwise attempted
to disable an alcohol monitoring device or breath analysis
mechanism;
(4) an alcohol monitoring device, breath analysis
mechanism, or other testing method showed that the defendant
violated a condition of bond;
(5) the defendant otherwise did not submit to alcohol
testing; or
(6) the defendant failed to pay the costs of alcohol
testing, including the costs of an alcohol monitoring device, a
breath analysis mechanism, or a monitoring service for the device
or mechanism, if:
(A) payment was ordered under Subsection (e) as a
condition of bond; and
(B) the magistrate determines that the defendant
is not indigent and is financially able to make the payments as
ordered.
(e) The costs of alcohol testing, including, as applicable,
the costs of the alcohol monitoring device or breath analysis
mechanism and monitoring services for the device or mechanism may
be:
(1) assessed as a cost of court;
(2) ordered paid as a condition of bond by the
defendant to:
(A) the court;
(B) the agency designated by the magistrate under
Subsection (f); or
(C) the service provider or providers; or
(3) waived or reduced.
(f) The magistrate may designate an appropriate agency or
service provider to:
(1) secure an alcohol monitoring device to a defendant
or verify that a defendant is wearing the device, or verify that a
defendant has obtained a breath analysis mechanism, as applicable;
and
(2) monitor the defendant's use of alcohol as
specified by the court, including by providing a monitoring service
for:
(A) an alcohol monitoring device worn by a
defendant; or
(B) a breath analysis mechanism used by a
defendant.
(g) If the magistrate designates an agency or service
provider under Subsection (f), in each month during which the
agency or service provider secures an alcohol monitoring device to
a defendant or verifies that a defendant is wearing the device,
verifies that a defendant has obtained a breath analysis mechanism,
or otherwise monitors the defendant's use of alcohol, as
applicable, and in each month during which the agency or service
provider provides a monitoring service, the defendant shall pay a
fee to the agency or service provider in an amount set by the
magistrate, unless the magistrate has waived or reduced the fee. In
each month during which the defendant is required to pay a fee, the
defendant shall pay the fee on the first occasion in that month that
the agency or service provider secures an alcohol monitoring
device, verifies a device or mechanism, or provides a monitoring
service. The magistrate shall set the fee in an amount not to
exceed $10 as determined by the county auditor, or by the
commissioners court of the county if the county does not have a
county auditor, to be sufficient to cover the costs incurred by the
agency or service provider in securing the device, conducting the
verification, or providing the monitoring service, as applicable in
that county.
SECTION 3. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.0217 to read as follows:
Sec. 103.0217. ADDITIONAL FEES IN CERTAIN CRIMINAL CASES:
CODE OF CRIMINAL PROCEDURE. A defendant who is ordered by the court
to wear an alcohol monitoring device, obtain and use a breath
analysis mechanism, or otherwise submit to alcohol testing under
Article 17.442, Code of Criminal Procedure, shall pay a fee in an
amount set by a magistrate not to exceed $10 in each month that the
designated agency or service provider secures an alcohol monitoring
device, verifies a device or mechanism, or provides a monitoring
service.
SECTION 4. 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
covered 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 occurred before that date.
SECTION 5. This Act takes effect September 1, 2011.