Texas 2013 - 83rd Regular

Texas House Bill HB3815 Compare Versions

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1	1	By: Carter H.B. No. 3815
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the suspension of a person's driver's license or permit
7	7	on conviction of a fifth offense relating to the operating of a
8	8	motor vehicle while intoxicated.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 49.09, Penal Code, is amended by adding
11	11	Subsection (i) to read as follows:
12	12	(i) Notwithstanding any other law, if it is shown at the
13	13	trial of a person convicted of an offense under Section 49.04,
14	14	49.045, 49.07, or 49.08 relating to the operating of a motor vehicle
15	15	while intoxicated that the person has been previously convicted
16	16	four or more times of any of those offenses, the court shall order
17	17	the Department of Public Safety to suspend the person's driver's
18	18	license or permit for a period of 10 years, or, if the person does
19	19	not have a license or permit, to deny the issuance of a license or
20	20	permit to the person until the 10th anniversary of the date of the
21	21	order. To the extent of a conflict between this subsection and
22	22	Section 13, Article 42.12, Code of Criminal Procedure, or
23	23	Subchapter O, Chapter 521, Transportation Code, this subsection
24	24	controls.
25	25	SECTION 2. Sections 13(g), (j), and (k), Article 42.12,
26	26	Code of Criminal Procedure, are amended to read as follows:
27	27	(g) A jury that recommends community supervision for a
28	28	person convicted of an offense under Sections 49.04-49.08, Penal
29	29	Code, may recommend that any driver's license issued to the
30	30	defendant under Chapter 521, Transportation Code, not be suspended.
31	31	This subsection does not apply to a person:
32	32	(1) who is punished under Section 49.09(a) or (b),
33	33	Penal Code, and subject to Section 49.09(h) of that code; or
34	34	(2) whose driver's license or permit is the subject of
35	35	a court order issued under Section 49.09(i), Penal Code.
36	36	(j) The judge shall require a defendant who is punished
37	37	under Section 49.09, Penal Code, as a condition of community
38	38	supervision, to attend and successfully complete an educational
39	39	program for repeat offenders approved by the Texas Commission on
40	40	Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
41	41	Abuse shall adopt rules and shall monitor, coordinate, and provide
42	42	training to persons providing the educational programs. The Texas
43	43	Commission on Alcohol and Drug Abuse is responsible for the
44	44	administration of the certification of approved educational
45	45	programs and may charge a nonrefundable application fee for initial
46	46	certification of approval or for renewal of the certification. The
47	47	judge may waive the educational program requirement only if the
48	48	defendant by a motion in writing shows good cause. In determining
49	49	good cause, the judge may consider the defendant's school and work
50	50	schedule, the defendant's health, the distance that the defendant
51	51	must travel to attend an educational program, and the fact that
52	52	[whether] the defendant resides out of state, has no valid driver's
53	53	license, or does not have access to transportation. The judge shall
54	54	set out the finding of good cause in the judgment. If a defendant is
55	55	required, as a condition of community supervision, to attend an
56	56	educational program, the court clerk shall immediately report that
57	57	fact to the Department of Public Safety, on a form prescribed by the
58	58	department, for inclusion in the defendant's driving record. The
59	59	report must include the beginning date of the defendant's community
60	60	supervision. On the defendant's successful completion of the
61	61	educational program for repeat offenders, the defendant's
62	62	instructor shall give notice to the Department of Public Safety for
63	63	inclusion in the defendant's driving record and to the community
64	64	supervision and corrections department. The community supervision
65	65	and corrections department shall then forward the notice to the
66	66	court clerk for filing. If the Department of Public Safety does not
67	67	receive notice that a defendant required to complete an educational
68	68	program has successfully completed the program for repeat offenders
69	69	within the period required by the judge, as shown on department
70	70	records, the department shall revoke the defendant's driver's
71	71	license, permit, or privilege or prohibit the defendant from
72	72	obtaining a license or permit, as provided by Sections 521.344(e)
73	73	and (f), Transportation Code.
74	74	(k) Notwithstanding Sections 521.344(d)-(i),
75	75	Transportation Code, if the judge, under Subsection (h) or (j) of
76	76	this section, permits or requires a defendant punished under
77	77	Section 49.09, Penal Code, to attend an educational program as a
78	78	condition of community supervision, or waives the required
79	79	attendance for such a program, and the defendant has previously
80	80	been required to attend such a program, or the required attendance
81	81	at the program had been waived, the judge, unless the person's
82	82	driver's license or permit is the subject of a court order issued
83	83	under Section 49.09(i), Penal Code, nonetheless shall order the
84	84	suspension of the driver's license, permit, or operating privilege
85	85	of that person for a period determined by the judge according to the
86	86	following schedule:
87	87	(1) not less than 90 days or more than 365 days, if the
88	88	defendant is convicted under Sections 49.04-49.08, Penal Code;
89	89	(2) not less than 180 days or more than two years, if
90	90	the defendant is punished under Section 49.09(a) or (b), Penal
91	91	Code; or
92	92	(3) not less than one year or more than two years, if
93	93	the person is convicted of a second or subsequent offense under
94	94	Sections 49.04-49.08, Penal Code, committed within five years of
95	95	the date on which the most recent preceding offense was committed.
96	96	SECTION 3. Section 521.202, Transportation Code, is amended
97	97	by adding Subsection (d) to read as follows:
98	98	(d) The department may not issue a license to a person whose
99	99	license or permit is the subject of a court order issued under
100	100	Section 49.09(i), Penal Code, until the 10th anniversary of the
101	101	date of the order.
102	102	SECTION 4. Section 521.248, Transportation Code, is amended
103	103	by amending Subsection (b) and adding Subsection (b-1) to read as
104	104	follows:
105	105	(b) Except as provided by Subsection (b-1), the [The] person
106	106	may not operate a motor vehicle for more than four hours in any
107	107	24-hour period, except that on a showing of necessity the court may
108	108	allow the person to drive for any period determined by the court
109	109	that does not exceed 12 hours in any 24-hour period.
110	110	(b-1) A person whose license was suspended under Section
111	111	49.09(i), Penal Code, may not operate a motor vehicle for more than
112	112	four hours in any 24-hour period, except that on a showing of
113	113	necessity the court may allow the person to drive for any period
114	114	determined by the court that does not exceed nine hours in any
115	115	24-hour period.
116	116	SECTION 5. Sections 521.344(a) and (b), Transportation
117	117	Code, are amended to read as follows:
118	118	(a) Except as provided by Sections 521.342(b) and 521.345,
119	119	and by Subsections (d)-(i), if a person is convicted of an offense
120	120	under Section 49.04, 49.045, or 49.07, Penal Code, the license
121	121	suspension:
122	122	(1) begins on a date set by the court that is not
123	123	earlier than the date of the conviction or later than the 30th day
124	124	after the date of the conviction, as determined by the court; and
125	125	(2) continues for a period set by the court according
126	126	to the following schedule:
127	127	(A) not less than 90 days or more than one year,
128	128	if the person is punished under Section 49.04, 49.045, or 49.07,
129	129	Penal Code, except that if the person's license is suspended for a
130	130	second or subsequent offense under Section 49.07 committed within
131	131	five years of the date on which the most recent preceding offense
132	132	was committed, the suspension continues for a period of one year;
133	133	(B) not less than 180 days or more than two years,
134	134	if the person is punished under Section 49.09(a) or (b), Penal Code;
135	135	[or]
136	136	(C) not less than one year or more than two years,
137	137	if the person is punished under Section 49.09(a) or (b), Penal Code,
138	138	and is subject to Section 49.09(h) of that code; or
139	139	(D) 10 years, if the person's driver's license or
140	140	permit is the subject of a court order issued under Section
141	141	49.09(i), Penal Code.
142	142	(b) Except as provided by Section 521.342(b), if a person is
143	143	convicted of an offense under Section 49.08, Penal Code, the
144	144	license suspension:
145	145	(1) begins on a date set by the court that is not
146	146	earlier than the date of the conviction or later than the 30th day
147	147	after the date of the conviction, as determined by the court; and
148	148	(2) continues for a period set by the court according
149	149	to the following schedule:
150	150	(A) [of] not less than 180 days or more than two
151	151	years, except that if the person's license is suspended for a second
152	152	or subsequent offense under Section 49.08, Penal Code, committed
153	153	within 10 years of the date on which the most recent preceding
154	154	offense was committed, the suspension continues for a period set by
155	155	the court of not less than one year or more than two years; or
156	156	(B) 10 years, if the person's driver's license or
157	157	permit is the subject of a court order issued under Section
158	158	49.09(i), Penal Code.
159	159	SECTION 6. The change in law made by this Act applies only
160	160	to the trial of an offense committed on or after the effective date
161	161	of this Act. The trial of an offense committed before the effective
162	162	date of this Act is governed by the law in effect on the date the
163	163	offense was committed, and the former law is continued in effect for
164	164	that purpose. For purposes of this section, an offense was
165	165	committed before the effective date of this Act if any element of
166	166	the offense occurred before that date.
167	167	SECTION 7. This Act takes effect September 1, 2013.