Texas 2017 - 85th Regular

Texas House Bill HB117 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R14993 JSC-D
2	2		By: White, Anderson of Dallas H.B. No. 117
3		-	Substitute the following for H.B. No. 117:
4		-	By: Allen C.S.H.B. No. 117
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to ethyl alcohol monitoring as a condition of community
10	8		supervision for certain intoxication offenses; authorizing the
11	9		imposition of costs.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Article 42A.001, Code of Criminal Procedure, is
14	12		amended by adding Subdivision (3-a) to read as follows:
15	13		(3-a) "Ethyl alcohol monitoring device" means:
16	14		(A) a device worn by the defendant that detects
17	15		ethyl alcohol in the defendant's perspiration through transdermal
18	16		testing; or
19	17		(B) a portable ethyl alcohol detection device
20	18		carried by the defendant that:
21	19		(i) requires the defendant at specified or
22	20		random intervals to submit a breath sample;
23	21		(ii) analyzes and records the sample;
24	22		(iii) transmits the results of the
25	23		analysis; and
26	24		(iv) is capable of verifying that the
27	25		breath sample was provided by the defendant.
28	26		SECTION 2. Subchapter I, Chapter 42A, Code of Criminal
29	27		Procedure, is amended by adding Article 42A.4081 to read as
30	28		follows:
31	29		Art. 42A.4081. USE OF ETHYL ALCOHOL MONITORING DEVICE. (a)
32	30		This article applies to a defendant placed on community
33	31		supervision:
34	32		(1) for whom the judge may order or is required to
35	33		order the installation and use of an ignition interlock device
36	34		under Article 42A.408; or
37	35		(2) who is subject to an order under Section 49.09(h),
38	36		Penal Code, that requires the installation and use of an ignition
39	37		interlock device.
40	38		(b) A judge may require the defendant to submit to ethyl
41	39		alcohol monitoring under this article:
42	40		(1) if the defendant certifies that the defendant does
43	41		not own or have regular access to a motor vehicle; or
44	42		(2) in addition to the requirement that the defendant
45	43		install and use an ignition interlock device.
46	44		(c) In determining under Subsection (b)(2) whether to
47	45		require a defendant to submit to ethyl alcohol monitoring under
48	46		this article in addition to installing and using an ignition
49	47		interlock device, the court shall consider whether the defendant
50	48		has previously failed to comply with an order requiring the
51	49		installation and use of an ignition interlock device.
52	50		(d) The judge must specify the date by which the defendant
53	51		must begin wearing or using the ethyl alcohol monitoring device.
54	52		(e) The judge may revoke community supervision and order the
55	53		defendant to the term of confinement specified in the defendant's
56	54		sentence if:
57	55		(1) the defendant refuses to wear or use the ethyl
58	56		alcohol monitoring device;
59	57		(2) the defendant tampers with or otherwise attempts
60	58		to disable the device;
61	59		(3) the device shows that the defendant has violated a
62	60		condition of community supervision; or
63	61		(4) the defendant fails to pay the costs of ethyl
64	62		alcohol monitoring, if:
65	63		(A) payment is ordered under Subsection (f) as a
66	64		condition of community supervision; and
67	65		(B) the judge determines that the defendant is
68	66		not indigent and is financially able to make the payments as
69	67		ordered.
70	68		(f) The cost of the ethyl alcohol monitoring device may be
71	69		ordered paid as a condition of community supervision by the
72	70		defendant to the court or to the entity designated by the judge
73	71		under Subsection (g) or waived or reduced based on the defendant's
74	72		ability to pay. The court may impose a reasonable payment schedule
75	73		for the cost of the device, wholly or partly, as applicable, for a
76	74		period not to exceed twice the period of the court's order requiring
77	75		ethyl alcohol monitoring.
78	76		(g) The judge may designate an appropriate entity to verify
79	77		that the defendant is wearing or using the ethyl alcohol monitoring
80	78		device appropriately, and to monitor the device.
81	79		SECTION 3. The change in law made by this Act applies only
82	80		to a defendant who is placed on community supervision on or after
83	81		the effective date of this Act, regardless of whether the offense
84	82		for which the defendant is placed on community supervision is
85	83		committed before, on, or after that date.
86	84		SECTION 4. This Act takes effect September 1, 2017.