84R23881 GCB-D
By: Anderson of Dallas H.B. No. 3181
Substitute the following for H.B. No. 3181:
By: Schubert C.S.H.B. No. 3181
A BILL TO BE ENTITLED
AN ACT
relating to ethyl alcohol monitoring as a condition of community
supervision for certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article 42.12, Code of Criminal
Procedure, is amended by adding Subdivision (5) to read as follows:
(5) "Ethyl alcohol monitoring device" means:
(A) a device worn by the defendant that detects
ethyl alcohol in the defendant's perspiration through transdermal
testing; or
(B) a portable ethyl alcohol detection device
carried by the defendant that:
(i) requires the defendant at specified or
random intervals to submit a breath sample;
(ii) analyzes and records the sample;
(iii) transmits the results of the
analysis; and
(iv) is capable of verifying that the
breath sample was provided by the defendant.
SECTION 2. Section 13, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (o) to read as follows:
(o)(1) Notwithstanding Subsection (i) and subject to
Subdivision (8), if a defendant for whom a judge is required to
order the installation and use of an ignition interlock device
under Subsection (i) submits an affidavit stating the defendant
does not own or regularly drive any motor vehicle, the judge shall,
instead of imposing the ignition interlock condition, require the
defendant to submit to ethyl alcohol monitoring under this
subsection.
(2) If a defendant for whom a judge may order the
installation and use of an ignition interlock device under
Subsection (i) submits an affidavit stating the defendant does not
own or regularly drive any motor vehicle, the judge may require the
defendant to submit to ethyl alcohol monitoring under this section.
(3) For a defendant for whom a judge orders the
installation and use of an ignition interlock device under
Subsection (i), the judge may additionally order the defendant to
submit to ethyl alcohol monitoring under this subsection.
(4) The judge must specify the date by which the
defendant must begin wearing or using the ethyl alcohol monitoring
device ordered under this subsection.
(5) The judge may revoke community supervision and
order the defendant to the term of confinement specified in the
defendant's sentence if:
(A) the defendant refuses to wear or use the
ethyl alcohol monitoring device;
(B) the defendant tampers with or otherwise
attempts to disable the device;
(C) the device shows that the defendant has
violated a condition of community supervision; or
(D) the defendant fails to pay the costs of ethyl
alcohol monitoring, if:
(i) payment is ordered under Subdivision
(6) as a condition of community supervision; and
(ii) the judge determines that the
defendant is not indigent and is financially able to make the
payments as ordered.
(6) The cost of the ethyl alcohol monitoring device
may be ordered paid as a condition of community supervision by the
defendant to the court or to the entity designated by the judge
under Subdivision (7) or waived or reduced based on the defendant's
ability to pay. The court may impose a reasonable payment schedule
for the cost of the device, in whole or in part, as applicable, for a
period not to exceed twice the period of the court's order requiring
ethyl alcohol monitoring.
(7) The judge may designate an appropriate entity to
verify that the defendant is wearing or using the ethyl alcohol
monitoring device appropriately, and to monitor the device.
(8) A judge may not order ethyl alcohol monitoring
instead of an ignition interlock device under this subsection for a
defendant subject to Section 49.09(h), Penal Code, regardless of
whether the defendant submits an affidavit stating that the
defendant does not own or regularly drive any motor vehicle. The
judge may order ethyl alcohol monitoring in addition to the
ignition interlock device required under that section.
SECTION 3. The change in law made by this Act applies only
to a defendant who is placed on community supervision on or after
the effective date of this Act, regardless of whether the offense
for which the defendant is placed on community supervision is
committed before, on, or after that date.
SECTION 4. This Act takes effect September 1, 2015.