85R2082 GCB-D
By: Tinderholt H.B. No. 4003
A BILL TO BE ENTITLED
AN ACT
relating to a central database containing information about
defendants required to have an ignition interlock device installed
on a vehicle and local law enforcement access to that database
through a mobile data terminal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.441, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) A magistrate that restricts a defendant to the operation
of a motor vehicle equipped with an ignition interlock device under
Subsection (a) shall submit the name of the defendant and the date
the restriction expires to the Department of Public Safety for
inclusion in the central database maintained by the department
under Section 411.02091, Government Code.
SECTION 2. Article 42A.408, Code of Criminal Procedure, is
amended by adding Subsection (i) to read as follows:
(i) A court that restricts a defendant to the operation of a
motor vehicle equipped with an ignition interlock device under this
article shall submit the name of the defendant and the date the
restriction expires to the Department of Public Safety for
inclusion in the central database maintained by the department
under Section 411.02091, Government Code.
SECTION 3. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.02091 to read as follows:
Sec. 411.02091. CENTRAL DATABASE OF DEFENDANTS RESTRICTED
TO USE OF MOTOR VEHICLE EQUIPPED WITH IGNITION INTERLOCK DEVICE.
(a) The department shall maintain a computerized central database
containing information regarding defendants who are restricted to
the use of a motor vehicle equipped with an ignition interlock
device.
(b) The database must include:
(1) the name of each defendant restricted to the
operation of a motor vehicle equipped with an ignition interlock
device under Article 17.441 or 42A.408, Code of Criminal Procedure,
Section 49.09(h), Penal Code, or Section 521.246, Transportation
Code, and the date each restriction expires; and
(2) the information provided to the department by a
vendor of an ignition interlock device under Section 521.2476,
Transportation Code, for each defendant described by Subdivision
(1) for whom the vendor has installed an ignition interlock device
on the appropriate vehicle.
(c) The department shall remove a defendant's name from the
central database on the expiration of the ignition interlock
restriction for that defendant.
(d) The central database must:
(1) provide the information in a format that allows a
law enforcement agency to make the information available to a peace
officer through a mobile data terminal; and
(2) promptly reflect any updated information as
necessary to ensure a defendant whose ignition interlock
restriction has expired is not indicated through the mobile data
terminal as a person who is restricted to the operation of a motor
vehicle equipped with an ignition interlock device.
SECTION 4. Section 49.09(h), Penal Code, as amended by
Section 2.84, Chapter 770 (H.B. 2299), and Section 2, Chapter 1067
(H.B. 2246), Acts of the 84th Legislature, Regular Session, 2015,
is reenacted to conform to Section 1.01, Chapter 770 (H.B. 2299),
Acts of the 84th Legislature, Regular Session, 2015, and amended to
read as follows:
(h) This subsection applies only to a person convicted of a
second or subsequent offense relating to the operating of a motor
vehicle while intoxicated committed within five years of the date
on which the most recent preceding offense was committed. The court
shall enter an order that requires the defendant to have an ignition
interlock [a] device installed, on each motor vehicle owned or
operated by the defendant, that uses a deep-lung breath analysis
mechanism to make impractical the operation of the motor vehicle if
ethyl alcohol is detected in the breath of the operator, and that
requires that before the first anniversary of the ending date of the
period of license suspension under Section 521.344, Transportation
Code, the defendant not operate any motor vehicle that is not
equipped with an ignition interlock [that] device. The court shall
require the defendant to obtain the ignition interlock device at
the defendant's own cost on or before that ending date, require the
defendant to provide evidence to the court on or before that ending
date that the ignition interlock device has been installed on each
appropriate vehicle, and order the ignition interlock device to
remain installed on each vehicle until the first anniversary of
that ending date. If the court determines the offender is unable to
pay for the ignition interlock device, the court may impose a
reasonable payment schedule not to extend beyond the first
anniversary of the date of installation. The Department of Public
Safety shall approve ignition interlock devices for use under this
subsection. Section 521.247, Transportation Code, applies to the
approval of an ignition interlock [a] device under this subsection
and the consequences of that approval. Failure to comply with an
order entered under this subsection is punishable by contempt. For
the purpose of enforcing this subsection, the court that enters an
order under this subsection retains jurisdiction over the defendant
until the date on which the ignition interlock device is no longer
required to remain installed. A court that restricts a defendant to
the operation of a motor vehicle equipped with an ignition
interlock device under this subsection shall submit the name of the
defendant and the date the restriction expires to the Department of
Public Safety for inclusion in the central database maintained by
the department under Section 411.02091, Government Code. To the
extent of a conflict between this subsection and Subchapter I,
Chapter 42A, Code of Criminal Procedure, this subsection controls.
SECTION 5. Section 521.246, Transportation Code, is amended
by adding Subsection (g) to read as follows:
(g) A judge that restricts a defendant to the operation of a
motor vehicle equipped with an ignition interlock device under
Subsection (a) shall submit the name of the defendant and the date
the restriction expires to the Department of Public Safety for
inclusion in the central database maintained by the department
under Section 411.02091, Government Code.
SECTION 6. Section 521.2476(b), Transportation Code, is
amended to read as follows:
(b) The minimum standards shall require each vendor to:
(1) be authorized by the department to do business in
this state;
(2) install an ignition interlock [a] device only if
the ignition interlock device is approved under Section 521.247;
(3) obtain liability insurance providing coverage for
damages arising out of the operation or use of ignition interlock
devices in amounts and under the terms specified by the department;
(4) install the ignition interlock device and activate
any anticircumvention feature of the ignition interlock device
within a reasonable time after the vendor receives notice that
installation is ordered by a court;
(4-a) submit to the department for inclusion in the
central database maintained by the department under Section
411.02091, Government Code, the make, model, vehicle
identification number, and license plate number of the vehicle on
which the vendor installs the ignition interlock device, and the
name of the person who is the subject of the court order requiring
installation of the ignition interlock device on the vehicle;
(5) install and inspect the ignition interlock device
in accordance with any applicable court order;
(6) repair or replace an ignition interlock [a] device
not later than 48 hours after receiving notice of a complaint
regarding the operation of the ignition interlock device;
(7) submit a written report of any violation of a court
order to that court and to the person's supervising officer, if any,
not later than 48 hours after the vendor discovers the violation;
(8) maintain a record of each action taken by the
vendor with respect to each ignition interlock device installed by
the vendor, including each action taken as a result of an attempt to
circumvent the ignition interlock device, until at least the fifth
anniversary after the date of installation;
(9) make a copy of the record available for inspection
by or send a copy of the record to any court, supervising officer,
or the department on request; and
(10) annually provide to the department a written
report of each service and ignition interlock device feature made
available by the vendor.
SECTION 7. The Department of Public Safety of the State of
Texas shall design and implement the central database required by
Section 411.02091, Government Code, as added by this Act, not later
than January 1, 2018.
SECTION 8. Articles 17.441 and 42A.408, Code of Criminal
Procedure, Section 49.09, Penal Code, and Section 521.246,
Transportation Code, as amended by this Act, apply only to a
magistrate, court, or judge that orders that a defendant be
restricted to the operation of a motor vehicle equipped with an
ignition interlock device on or after January 1, 2018. A
restriction ordered before January 1, 2018, is governed by the law
in effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 9. Section 521.2476, Transportation Code, as
amended by this Act, applies only to the installation of an ignition
interlock device that occurs on or after January 1, 2018. An
installation that occurs before January 1, 2018, is governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2017.