85R2358 GCB-D
By: White H.B. No. 117
A BILL TO BE ENTITLED
AN ACT
relating to ethyl alcohol monitoring as a condition of community
supervision for certain intoxication offenses; authorizing the
imposition of costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.001, Code of Criminal Procedure, is
amended by adding Subdivision (3-a) to read as follows:
(3-a) "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. Subchapter I, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.4081 to read as
follows:
Art. 42A.4081. USE OF ETHYL ALCOHOL MONITORING DEVICE. (a)
This article applies to a defendant for whom a judge may order or is
required to order the installation and use of an ignition interlock
device under Article 42A.408.
(b) Notwithstanding Article 42A.408 and subject to
Subsection (g), in lieu of or in addition to requiring a defendant
to install and use an ignition interlock device under Article
42A.408, the judge may require the defendant to submit to ethyl
alcohol monitoring under this article. The judge shall consider
requiring a defendant to submit to ethyl alcohol monitoring under
this article if the defendant has failed to comply with an order
requiring the installation and use of an ignition interlock device.
(c) The judge must specify the date by which the defendant
must begin wearing or using the ethyl alcohol monitoring device.
(d) The judge may revoke community supervision and order the
defendant to the term of confinement specified in the defendant's
sentence if:
(1) the defendant refuses to wear or use the ethyl
alcohol monitoring device;
(2) the defendant tampers with or otherwise attempts
to disable the device;
(3) the device shows that the defendant has violated a
condition of community supervision; or
(4) the defendant fails to pay the costs of ethyl
alcohol monitoring, if:
(A) payment is ordered under Subsection (e) as a
condition of community supervision; and
(B) the judge determines that the defendant is
not indigent and is financially able to make the payments as
ordered.
(e) 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 Subsection (f) 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, wholly or partly, as applicable, for a
period not to exceed twice the period of the court's order requiring
ethyl alcohol monitoring.
(f) 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.
(g) A judge may not order ethyl alcohol monitoring in lieu
of an ignition interlock device under this article for a defendant
subject to Section 49.09(h), Penal Code. 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, 2017.