83R14872 JSC-D
By: Callegari, Turner of Collin, Gooden, H.B. No. 260
Carter, Zerwas
Substitute the following for H.B. No. 260:
By: Herrero C.S.H.B. No. 260
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Todd Levin
Memorial Act.
SECTION 2. Section 13, Article 42.12, Code of Criminal
Procedure, is amended by amending Subsection (i) and adding
Subsection (i-1) to read as follows:
(i) If a defendant [person] convicted of an offense under
Sections 49.04-49.08, Penal Code, is placed on community
supervision, the court may require as a condition of community
supervision that the defendant have a device installed, on each
[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 defendant's [person's]
blood, breath, or urine showed an alcohol concentration level of
0.15 or more at the time the analysis was performed or that at the
time of the offense the defendant refused a request of a peace
officer to provide a specimen of the defendant's breath or blood for
alcohol testing, or if the defendant [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 Sections 49.04-49.08 [Section 49.07 or 49.08], Penal
Code, and [the person after conviction of either offense] is placed
on community supervision after conviction of the offense, the court
shall require as a condition of community supervision that the
defendant have a [the] device described by this subsection
installed on each motor [the appropriate] vehicle owned by the
defendant or on the vehicle most regularly driven by the defendant
and that the defendant not operate any motor vehicle that [unless
the vehicle] is not 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 defendant [person] has one or more
previous convictions that result in restricting the defendant to
the operation of a motor vehicle equipped with a device described by
this subsection. If the defendant is not otherwise restricted to
the operation of a motor vehicle equipped with a device described by
this subsection, the court shall order the appropriate supervision
officer to use an empirically validated risk assessment screening
instrument to determine the risk that the defendant will commit a
subsequent offense under Sections 49.04-49.08, Penal Code. If the
assessment shows that the defendant is at medium to high risk for
committing a subsequent offense under one of those sections, [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 a [that]
device described by this subsection installed on each [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 that [unless the vehicle] is not equipped with that [the]
device [described in this subsection]. If the court requires the
defendant to have the device installed, the [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 defendant [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
subsection [section], if a defendant [person] is required to
operate a motor vehicle in the course and scope of the defendant's
[person's] employment and if the vehicle is owned by the employer,
the defendant [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 defendant
[person] whose driving privilege has been restricted. A previous
conviction may not be used for purposes of restricting a defendant
[person] to the operation of a motor vehicle equipped with a [an
interlock ignition] device described by [under] this subsection if:
(1) the previous conviction was a final conviction
under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08,
Penal Code, and was for an offense committed more than 10 years
before the instant offense for which the defendant [person] was
convicted and placed on community supervision; and
(2) the defendant [person] has not been convicted of
an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065,
49.07, or 49.08 of that code, committed within 10 years before the
date on which the instant offense for which the defendant [person]
was convicted and placed on community supervision.
(i-1) The vendor of ignition interlock devices who installs
a device under Subsection (i) shall pay to the local community
supervision and corrections department a fee of $2 for each day the
device remains installed to help defray the cost of monitoring
compliance with a court order issued under Subsection (i).
SECTION 3. (a) The Legislative Budget Board shall perform
or contract for the performance of a study to analyze the efficacy
of this Act in reducing recidivism and promoting public safety
during the three-year period following the passage of this Act.
(b) The Legislative Budget Board shall submit to the
legislature two reports on the study conducted under this section
along with any recommendations based on the results of the study.
The first report must be submitted not later than December 1, 2014,
and the second report must be submitted not later than December 1,
2016.
(c) This section expires January 1, 2017.
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
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. This Act takes effect September 1, 2013.