Texas 2015 - 84th Regular

Texas House Bill HB3181 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23881 GCB-D
2	2	By: Anderson of Dallas H.B. No. 3181
3	3	Substitute the following for H.B. No. 3181:
4	4	By: Schubert C.S.H.B. No. 3181
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to ethyl alcohol monitoring as a condition of community
10	10	supervision for certain intoxication offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 2, Article 42.12, Code of Criminal
13	13	Procedure, is amended by adding Subdivision (5) to read as follows:
14	14	(5) "Ethyl alcohol monitoring device" means:
15	15	(A) a device worn by the defendant that detects
16	16	ethyl alcohol in the defendant's perspiration through transdermal
17	17	testing; or
18	18	(B) a portable ethyl alcohol detection device
19	19	carried by the defendant that:
20	20	(i) requires the defendant at specified or
21	21	random intervals to submit a breath sample;
22	22	(ii) analyzes and records the sample;
23	23	(iii) transmits the results of the
24	24	analysis; and
25	25	(iv) is capable of verifying that the
26	26	breath sample was provided by the defendant.
27	27	SECTION 2. Section 13, Article 42.12, Code of Criminal
28	28	Procedure, is amended by adding Subsection (o) to read as follows:
29	29	(o)(1) Notwithstanding Subsection (i) and subject to
30	30	Subdivision (8), if a defendant for whom a judge is required to
31	31	order the installation and use of an ignition interlock device
32	32	under Subsection (i) submits an affidavit stating the defendant
33	33	does not own or regularly drive any motor vehicle, the judge shall,
34	34	instead of imposing the ignition interlock condition, require the
35	35	defendant to submit to ethyl alcohol monitoring under this
36	36	subsection.
37	37	(2) If a defendant for whom a judge may order the
38	38	installation and use of an ignition interlock device under
39	39	Subsection (i) submits an affidavit stating the defendant does not
40	40	own or regularly drive any motor vehicle, the judge may require the
41	41	defendant to submit to ethyl alcohol monitoring under this section.
42	42	(3) For a defendant for whom a judge orders the
43	43	installation and use of an ignition interlock device under
44	44	Subsection (i), the judge may additionally order the defendant to
45	45	submit to ethyl alcohol monitoring under this subsection.
46	46	(4) The judge must specify the date by which the
47	47	defendant must begin wearing or using the ethyl alcohol monitoring
48	48	device ordered under this subsection.
49	49	(5) The judge may revoke community supervision and
50	50	order the defendant to the term of confinement specified in the
51	51	defendant's sentence if:
52	52	(A) the defendant refuses to wear or use the
53	53	ethyl alcohol monitoring device;
54	54	(B) the defendant tampers with or otherwise
55	55	attempts to disable the device;
56	56	(C) the device shows that the defendant has
57	57	violated a condition of community supervision; or
58	58	(D) the defendant fails to pay the costs of ethyl
59	59	alcohol monitoring, if:
60	60	(i) payment is ordered under Subdivision
61	61	(6) as a condition of community supervision; and
62	62	(ii) the judge determines that the
63	63	defendant is not indigent and is financially able to make the
64	64	payments as ordered.
65	65	(6) The cost of the ethyl alcohol monitoring device
66	66	may be ordered paid as a condition of community supervision by the
67	67	defendant to the court or to the entity designated by the judge
68	68	under Subdivision (7) or waived or reduced based on the defendant's
69	69	ability to pay. The court may impose a reasonable payment schedule
70	70	for the cost of the device, in whole or in part, as applicable, for a
71	71	period not to exceed twice the period of the court's order requiring
72	72	ethyl alcohol monitoring.
73	73	(7) The judge may designate an appropriate entity to
74	74	verify that the defendant is wearing or using the ethyl alcohol
75	75	monitoring device appropriately, and to monitor the device.
76	76	(8) A judge may not order ethyl alcohol monitoring
77	77	instead of an ignition interlock device under this subsection for a
78	78	defendant subject to Section 49.09(h), Penal Code, regardless of
79	79	whether the defendant submits an affidavit stating that the
80	80	defendant does not own or regularly drive any motor vehicle. The
81	81	judge may order ethyl alcohol monitoring in addition to the
82	82	ignition interlock device required under that section.
83	83	SECTION 3. The change in law made by this Act applies only
84	84	to a defendant who is placed on community supervision on or after
85	85	the effective date of this Act, regardless of whether the offense
86	86	for which the defendant is placed on community supervision is
87	87	committed before, on, or after that date.
88	88	SECTION 4. This Act takes effect September 1, 2015.