Texas 2017 - 85th Regular

Texas House Bill HB833 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R22789 GCB-D
2	2	By: King of Parker H.B. No. 833
3	3	Substitute the following for H.B. No. 833:
4	4	By: Moody C.S.H.B. No. 833
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration of educational programs for persons
10	10	placed on community supervision for certain intoxication offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42A.403, Code of Criminal Procedure, is
13	13	amended by amending Subsections (a) and (d) and adding Subsection
14	14	(a-1) to read as follows:
15	15	(a) A judge who places on community supervision a defendant
16	16	convicted of an offense under Sections 49.04-49.08, Penal Code,
17	17	shall require as a condition of community supervision that the
18	18	defendant [attend and] successfully complete, before the 181st day
19	19	after the date community supervision is granted, an educational
20	20	program designed to rehabilitate persons who have driven while
21	21	intoxicated that is jointly approved by:
22	22	(1) the Texas Department of Licensing and Regulation
23	23	[Department of State Health Services];
24	24	(2) the Department of Public Safety;
25	25	(3) the traffic safety section of the traffic
26	26	operations division of the Texas Department of Transportation; and
27	27	(4) the community justice assistance division of the
28	28	Texas Department of Criminal Justice.
29	29	(a-1) The educational program approved under Subsection (a)
30	30	may be provided through classroom instruction or through an online
31	31	format approved by the Texas Department of Licensing and Regulation
32	32	for administration over the Internet.
33	33	(d) In determining good cause, the judge may consider but is
34	34	not limited to:
35	35	(1) the defendant's school and work schedule;
36	36	(2) the defendant's health; and
37	37	(3) if an educational program is not available to the
38	38	defendant in an online format administered over the Internet:
39	39	(A) the distance that the defendant must travel
40	40	to attend an educational program provided through classroom
41	41	instruction; and
42	42	(B) [(4)] the fact that the defendant resides out
43	43	of state, does not have a valid driver's license, or does not have
44	44	access to transportation.
45	45	SECTION 2. Article 42A.406(a), Code of Criminal Procedure,
46	46	is amended to read as follows:
47	47	(a) If a defendant is required as a condition of community
48	48	supervision to successfully complete [attend] an educational
49	49	program under Article 42A.403 or 42A.404, or if the court waives the
50	50	educational program requirement under Article 42A.403, the court
51	51	clerk shall immediately report that fact to the Department of
52	52	Public Safety, on a form prescribed by the department, for
53	53	inclusion in the defendant's driving record. If the court grants
54	54	an extension of time in which the defendant may complete the
55	55	educational program under Article 42A.403, the court clerk shall
56	56	immediately report that fact to the Department of Public Safety on a
57	57	form prescribed by the department. The clerk's report under this
58	58	subsection must include the beginning date of the defendant's
59	59	community supervision.
60	60	SECTION 3. Article 42A.407(c), Code of Criminal Procedure,
61	61	is amended to read as follows:
62	62	(c) If the Department of Public Safety receives notice that
63	63	a defendant has been required to successfully complete [attend] a
64	64	subsequent educational program under Article 42A.403 or attend a
65	65	subsequent educational program under Article 42A.404, although the
66	66	previously required educational program [attendance] had been
67	67	waived, but the judge has not ordered a period of suspension, the
68	68	department shall:
69	69	(1) suspend the defendant's driver's license; or
70	70	(2) issue an order prohibiting the defendant from
71	71	obtaining a license for a period of one year.
72	72	SECTION 4. Section 521.342(b), Transportation Code, is
73	73	amended to read as follows:
74	74	(b) The department shall suspend for one year the license of
75	75	a person who is under 21 years of age and is convicted of an offense
76	76	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
77	77	regardless of whether the person is required to successfully
78	78	complete [attend] an educational program under Article 42A.403,
79	79	Code of Criminal Procedure, that is designed to rehabilitate
80	80	persons who have operated motor vehicles while intoxicated, unless
81	81	the person is placed under community supervision under Chapter 42A,
82	82	Code of Criminal Procedure, and is required as a condition of the
83	83	community supervision to not operate a motor vehicle unless the
84	84	vehicle is equipped with the device described by Article 42A.408 of
85	85	that chapter. If the person is required to successfully complete
86	86	[attend] such a program and does not successfully complete the
87	87	program before the end of the person's suspension, the department
88	88	shall suspend the person's license or continue the suspension, as
89	89	appropriate, until the department receives proof that the person
90	90	has successfully completed the program. On the person's
91	91	successful completion of the program, the person's instructor shall
92	92	give notice to the department and to the community supervision and
93	93	corrections department in the manner provided by Article
94	94	42A.406(b), Code of Criminal Procedure.
95	95	SECTION 5. Section 521.344(h), Transportation Code, is
96	96	amended to read as follows:
97	97	(h) The hearing shall be held in a municipal or justice
98	98	court in the county of the person's residence in the manner provided
99	99	for a suspension hearing under Subchapter N. The issues to be
100	100	determined at the hearing are whether the person has successfully
101	101	completed a required educational program and whether the period for
102	102	completion of the program has passed. If the presiding officer
103	103	determines that the educational program has not been completed and
104	104	the period for completion has passed, the officer shall confirm the
105	105	revocation or prohibition and shall notify the department of that
106	106	fact. The director may not revoke or prohibit the license if the
107	107	officer finds that the program has been completed, that, before the
108	108	hearing, the court that originally imposed the requirement to
109	109	successfully complete [attend] an educational program has granted
110	110	an extension that has not expired, or that the period for completion
111	111	has not passed. If the person or the person's agent fails to appear
112	112	at the hearing, the department shall revoke the person's license
113	113	until the department receives notice of successful completion of
114	114	the educational program.
115	115	SECTION 6. The change in law made by this Act applies to a
116	116	person who is placed on community supervision on or after the
117	117	effective date of this Act, regardless of whether the underlying
118	118	conduct giving rise to the placement on community supervision
119	119	occurred before, on, or after that date.
120	120	SECTION 7. This Act takes effect September 1, 2017.