Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses as a condition of community supervision; imposing a fee.
Summary
House Bill 260, also known as the Todd Levin Memorial Act, mandates the installation of ignition interlock devices for individuals convicted of certain intoxication offenses when placed on community supervision. This initiative aims to enhance public safety by preventing repeat offenses and includes provisions for those with elevated blood alcohol levels (0.15 or greater) or those refusing breath tests. The bill outlines specific conditions under which these devices must be installed on vehicles owned or regularly driven by the defendant.
The legislation enforces a daily fee imposed on vendors of ignition interlock devices to assist local community supervision departments in monitoring compliance. Defendants are required to pay for the installation and maintenance of these devices, creating an additional financial burden for those convicted. However, the court does have the discretion to establish a payment schedule for defendants who demonstrate an inability to pay the full cost upfront.
Critically, the bill has provisions for the assessment of the program’s effectiveness over a three-year period, tasking the Legislative Budget Board with reporting on the impacts of these changes on recidivism rates and overall public safety. This requirement ensures that lawmakers will revisit the legislation and make necessary adjustments based on empirical data regarding its efficacy.
While proponents argue this bill significantly strengthens measures against repeat intoxication offenders and improves road safety, there is contention surrounding the financial implications for low-income defendants and the potential stigmatization associated with mandatory device installation. Opponents may also challenge the adequacy of support systems for defendants as they reintegrate into society after conviction. The holistic ramifications of HB260 will likely shape discussions on intoxication offense legislation and community supervision practices moving forward.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to the offense of providing or requesting or allowing another to provide a breath specimen for an ignition interlock device; creating a criminal offense.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.
Relating to jury instructions regarding parole eligibility, to certain conditions of bail and community supervision, and to the early termination of community supervision and the dismissal and discharge of deferred adjudication community supervision.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Practice of medicine; creating the Supervised Physicians Act; limiting scope of supervised practice; directing specified Boards to promulgate certain rules; requiring collaborative practice arrangements; creating certain exemptions; effective date.
Board of Behavioral Sciences: marriage and family therapists: clinical social workers: professional clinical counselors: supervision of applicants for licensure via videoconferencing.