Texas 2017 - 85th Regular

Texas House Bill HB4003 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2082 GCB-D
2	2	By: Tinderholt H.B. No. 4003
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a central database containing information about
8	8	defendants required to have an ignition interlock device installed
9	9	on a vehicle and local law enforcement access to that database
10	10	through a mobile data terminal.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 17.441, Code of Criminal Procedure, is
13	13	amended by adding Subsection (e) to read as follows:
14	14	(e) A magistrate that restricts a defendant to the operation
15	15	of a motor vehicle equipped with an ignition interlock device under
16	16	Subsection (a) shall submit the name of the defendant and the date
17	17	the restriction expires to the Department of Public Safety for
18	18	inclusion in the central database maintained by the department
19	19	under Section 411.02091, Government Code.
20	20	SECTION 2. Article 42A.408, Code of Criminal Procedure, is
21	21	amended by adding Subsection (i) to read as follows:
22	22	(i) A court that restricts a defendant to the operation of a
23	23	motor vehicle equipped with an ignition interlock device under this
24	24	article shall submit the name of the defendant and the date the
25	25	restriction expires to the Department of Public Safety for
26	26	inclusion in the central database maintained by the department
27	27	under Section 411.02091, Government Code.
28	28	SECTION 3. Subchapter A, Chapter 411, Government Code, is
29	29	amended by adding Section 411.02091 to read as follows:
30	30	Sec. 411.02091. CENTRAL DATABASE OF DEFENDANTS RESTRICTED
31	31	TO USE OF MOTOR VEHICLE EQUIPPED WITH IGNITION INTERLOCK DEVICE.
32	32	(a) The department shall maintain a computerized central database
33	33	containing information regarding defendants who are restricted to
34	34	the use of a motor vehicle equipped with an ignition interlock
35	35	device.
36	36	(b) The database must include:
37	37	(1) the name of each defendant restricted to the
38	38	operation of a motor vehicle equipped with an ignition interlock
39	39	device under Article 17.441 or 42A.408, Code of Criminal Procedure,
40	40	Section 49.09(h), Penal Code, or Section 521.246, Transportation
41	41	Code, and the date each restriction expires; and
42	42	(2) the information provided to the department by a
43	43	vendor of an ignition interlock device under Section 521.2476,
44	44	Transportation Code, for each defendant described by Subdivision
45	45	(1) for whom the vendor has installed an ignition interlock device
46	46	on the appropriate vehicle.
47	47	(c) The department shall remove a defendant's name from the
48	48	central database on the expiration of the ignition interlock
49	49	restriction for that defendant.
50	50	(d) The central database must:
51	51	(1) provide the information in a format that allows a
52	52	law enforcement agency to make the information available to a peace
53	53	officer through a mobile data terminal; and
54	54	(2) promptly reflect any updated information as
55	55	necessary to ensure a defendant whose ignition interlock
56	56	restriction has expired is not indicated through the mobile data
57	57	terminal as a person who is restricted to the operation of a motor
58	58	vehicle equipped with an ignition interlock device.
59	59	SECTION 4. Section 49.09(h), Penal Code, as amended by
60	60	Section 2.84, Chapter 770 (H.B. 2299), and Section 2, Chapter 1067
61	61	(H.B. 2246), Acts of the 84th Legislature, Regular Session, 2015,
62	62	is reenacted to conform to Section 1.01, Chapter 770 (H.B. 2299),
63	63	Acts of the 84th Legislature, Regular Session, 2015, and amended to
64	64	read as follows:
65	65	(h) This subsection applies only to a person convicted of a
66	66	second or subsequent offense relating to the operating of a motor
67	67	vehicle while intoxicated committed within five years of the date
68	68	on which the most recent preceding offense was committed. The court
69	69	shall enter an order that requires the defendant to have an ignition
70	70	interlock [a] device installed, on each motor vehicle owned or
71	71	operated by the defendant, that uses a deep-lung breath analysis
72	72	mechanism to make impractical the operation of the motor vehicle if
73	73	ethyl alcohol is detected in the breath of the operator, and that
74	74	requires that before the first anniversary of the ending date of the
75	75	period of license suspension under Section 521.344, Transportation
76	76	Code, the defendant not operate any motor vehicle that is not
77	77	equipped with an ignition interlock [that] device. The court shall
78	78	require the defendant to obtain the ignition interlock device at
79	79	the defendant's own cost on or before that ending date, require the
80	80	defendant to provide evidence to the court on or before that ending
81	81	date that the ignition interlock device has been installed on each
82	82	appropriate vehicle, and order the ignition interlock device to
83	83	remain installed on each vehicle until the first anniversary of
84	84	that ending date. If the court determines the offender is unable to
85	85	pay for the ignition interlock device, the court may impose a
86	86	reasonable payment schedule not to extend beyond the first
87	87	anniversary of the date of installation. The Department of Public
88	88	Safety shall approve ignition interlock devices for use under this
89	89	subsection. Section 521.247, Transportation Code, applies to the
90	90	approval of an ignition interlock [a] device under this subsection
91	91	and the consequences of that approval. Failure to comply with an
92	92	order entered under this subsection is punishable by contempt. For
93	93	the purpose of enforcing this subsection, the court that enters an
94	94	order under this subsection retains jurisdiction over the defendant
95	95	until the date on which the ignition interlock device is no longer
96	96	required to remain installed. A court that restricts a defendant to
97	97	the operation of a motor vehicle equipped with an ignition
98	98	interlock device under this subsection shall submit the name of the
99	99	defendant and the date the restriction expires to the Department of
100	100	Public Safety for inclusion in the central database maintained by
101	101	the department under Section 411.02091, Government Code. To the
102	102	extent of a conflict between this subsection and Subchapter I,
103	103	Chapter 42A, Code of Criminal Procedure, this subsection controls.
104	104	SECTION 5. Section 521.246, Transportation Code, is amended
105	105	by adding Subsection (g) to read as follows:
106	106	(g) A judge that restricts a defendant to the operation of a
107	107	motor vehicle equipped with an ignition interlock device under
108	108	Subsection (a) shall submit the name of the defendant and the date
109	109	the restriction expires to the Department of Public Safety for
110	110	inclusion in the central database maintained by the department
111	111	under Section 411.02091, Government Code.
112	112	SECTION 6. Section 521.2476(b), Transportation Code, is
113	113	amended to read as follows:
114	114	(b) The minimum standards shall require each vendor to:
115	115	(1) be authorized by the department to do business in
116	116	this state;
117	117	(2) install an ignition interlock [a] device only if
118	118	the ignition interlock device is approved under Section 521.247;
119	119	(3) obtain liability insurance providing coverage for
120	120	damages arising out of the operation or use of ignition interlock
121	121	devices in amounts and under the terms specified by the department;
122	122	(4) install the ignition interlock device and activate
123	123	any anticircumvention feature of the ignition interlock device
124	124	within a reasonable time after the vendor receives notice that
125	125	installation is ordered by a court;
126	126	(4-a) submit to the department for inclusion in the
127	127	central database maintained by the department under Section
128	128	411.02091, Government Code, the make, model, vehicle
129	129	identification number, and license plate number of the vehicle on
130	130	which the vendor installs the ignition interlock device, and the
131	131	name of the person who is the subject of the court order requiring
132	132	installation of the ignition interlock device on the vehicle;
133	133	(5) install and inspect the ignition interlock device
134	134	in accordance with any applicable court order;
135	135	(6) repair or replace an ignition interlock [a] device
136	136	not later than 48 hours after receiving notice of a complaint
137	137	regarding the operation of the ignition interlock device;
138	138	(7) submit a written report of any violation of a court
139	139	order to that court and to the person's supervising officer, if any,
140	140	not later than 48 hours after the vendor discovers the violation;
141	141	(8) maintain a record of each action taken by the
142	142	vendor with respect to each ignition interlock device installed by
143	143	the vendor, including each action taken as a result of an attempt to
144	144	circumvent the ignition interlock device, until at least the fifth
145	145	anniversary after the date of installation;
146	146	(9) make a copy of the record available for inspection
147	147	by or send a copy of the record to any court, supervising officer,
148	148	or the department on request; and
149	149	(10) annually provide to the department a written
150	150	report of each service and ignition interlock device feature made
151	151	available by the vendor.
152	152	SECTION 7. The Department of Public Safety of the State of
153	153	Texas shall design and implement the central database required by
154	154	Section 411.02091, Government Code, as added by this Act, not later
155	155	than January 1, 2018.
156	156	SECTION 8. Articles 17.441 and 42A.408, Code of Criminal
157	157	Procedure, Section 49.09, Penal Code, and Section 521.246,
158	158	Transportation Code, as amended by this Act, apply only to a
159	159	magistrate, court, or judge that orders that a defendant be
160	160	restricted to the operation of a motor vehicle equipped with an
161	161	ignition interlock device on or after January 1, 2018. A
162	162	restriction ordered before January 1, 2018, is governed by the law
163	163	in effect immediately before the effective date of this Act, and the
164	164	former law is continued in effect for that purpose.
165	165	SECTION 9. Section 521.2476, Transportation Code, as
166	166	amended by this Act, applies only to the installation of an ignition
167	167	interlock device that occurs on or after January 1, 2018. An
168	168	installation that occurs before January 1, 2018, is governed by the
169	169	law in effect immediately before the effective date of this Act, and
170	170	the former law is continued in effect for that purpose.
171	171	SECTION 10. This Act takes effect immediately if it
172	172	receives a vote of two-thirds of all the members elected to each
173	173	house, as provided by Section 39, Article III, Texas Constitution.
174	174	If this Act does not receive the vote necessary for immediate
175	175	effect, this Act takes effect September 1, 2017.