| 1 | 1 | | 85R11353 LHC-D |
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| 2 | 2 | | By: White H.B. No. 4227 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a study on the automatic suspension of driver's |
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| 8 | 8 | | licenses on conviction of a drug offense not related to the |
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| 9 | 9 | | operation of a motor vehicle and alternatives to automatic |
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| 10 | 10 | | suspension. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. (a) The Department of Public Safety shall |
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| 13 | 13 | | conduct a study on the automatic suspension of the driver's license |
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| 14 | 14 | | of an individual who has been convicted of a drug offense not |
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| 15 | 15 | | related to the operation of a motor vehicle. The study shall: |
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| 16 | 16 | | (1) examine the feasibility of and benefits and |
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| 17 | 17 | | consequences to this state of repealing the law providing for the |
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| 18 | 18 | | automatic suspension of the driver's license of an individual who |
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| 19 | 19 | | has been convicted of a drug offense not related to the operation of |
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| 20 | 20 | | a motor vehicle; and |
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| 21 | 21 | | (2) recommend new graduated sanctions related to the |
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| 22 | 22 | | suspension of a driver's license on conviction of a drug offense not |
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| 23 | 23 | | related to the operation of a motor vehicle that provide for |
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| 24 | 24 | | punishment in proportion to the: |
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| 25 | 25 | | (A) severity of the offense; |
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| 26 | 26 | | (B) potential risk of harm to the public at the |
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| 27 | 27 | | time of the offense; and |
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| 28 | 28 | | (C) likelihood that the individual would commit |
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| 29 | 29 | | another drug offense in the future. |
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| 30 | 30 | | (b) In conducting the study under Subsection (a) of this |
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| 31 | 31 | | section, the Department of Public Safety shall consult with: |
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| 32 | 32 | | (1) the Texas Department of Transportation; |
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| 33 | 33 | | (2) a victim who was injured or the family member of a |
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| 34 | 34 | | victim who was killed due to a person who was under the influence of |
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| 35 | 35 | | drugs; |
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| 36 | 36 | | (3) a drug abuse treatment specialist; |
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| 37 | 37 | | (4) a criminal district attorney; |
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| 38 | 38 | | (5) a criminal district judge; |
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| 39 | 39 | | (6) a law enforcement officer; |
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| 40 | 40 | | (7) a department director of a community supervision |
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| 41 | 41 | | and corrections department; and |
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| 42 | 42 | | (8) a criminal defense attorney. |
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| 43 | 43 | | (c) Not later than December 1, 2018, the Department of |
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| 44 | 44 | | Public Safety shall submit a report containing the results of the |
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| 45 | 45 | | study conducted under Subsection (a) of this section, including any |
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| 46 | 46 | | legislative recommendations, to the governor, the lieutenant |
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| 47 | 47 | | governor, the speaker of the house of representatives, and the |
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| 48 | 48 | | appropriate standing committees of the senate and the house of |
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| 49 | 49 | | representatives. |
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| 50 | 50 | | SECTION 2. This Act expires December 1, 2019. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2017. |
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