Texas 2019 - 86th Regular

Texas House Bill HB1022 Compare Versions

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

Old	New	Differences
1	1	86R3117 GCB-D
2	2	By: Moody H.B. No. 1022
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of and access to information about
8	8	defendants restricted to the operation of a motor vehicle with an
9	9	ignition interlock device.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 17.441, Code of Criminal Procedure, is
12	12	amended by adding Subsection (e) to read as follows:
13	13	(e) A magistrate that restricts a defendant to the operation
14	14	of a motor vehicle equipped with an ignition interlock device under
15	15	Subsection (a) shall submit the name of the defendant and the date
16	16	the restriction expires to the Department of Public Safety for
17	17	inclusion in the Texas Crime Information Center database.
18	18	SECTION 2. Article 42A.408, Code of Criminal Procedure, is
19	19	amended by adding Subsection (i) to read as follows:
20	20	(i) A court that restricts a defendant to the operation of a
21	21	motor vehicle equipped with an ignition interlock device under this
22	22	article shall submit the name of the defendant and the date the
23	23	restriction expires to the Department of Public Safety for
24	24	inclusion in the Texas Crime Information Center database.
25	25	SECTION 3. Subchapter A, Chapter 411, Government Code, is
26	26	amended by adding Section 411.02092 to read as follows:
27	27	Sec. 411.02092. TEXAS CRIME INFORMATION CENTER DATABASE:
28	28	DEFENDANTS RESTRICTED TO USE OF MOTOR VEHICLE EQUIPPED WITH
29	29	IGNITION INTERLOCK. (a) The department shall include in the Texas
30	30	Crime Information Center database:
31	31	(1) the name of each defendant restricted to the
32	32	operation of a motor vehicle equipped with an ignition interlock
33	33	device under Article 17.441 or 42A.408, Code of Criminal Procedure,
34	34	Section 49.09(h), Penal Code, or Section 521.246, Transportation
35	35	Code, and the date each restriction expires; and
36	36	(2) the information provided to the department by a
37	37	vendor of an ignition interlock device under Section 521.2476,
38	38	Transportation Code, for each defendant described by Subdivision
39	39	(1) for whom the vendor has installed an ignition interlock device
40	40	on the appropriate vehicle.
41	41	(b) The department shall ensure that a defendant's name is
42	42	removed from the Texas Crime Information Center database on the
43	43	expiration of the ignition interlock restriction for that
44	44	defendant.
45	45	(c) The Texas Crime Information Center database must:
46	46	(1) provide the information on a defendant restricted
47	47	to the operation of a motor vehicle equipped with an ignition
48	48	interlock device in a format that allows a law enforcement agency to
49	49	make the information available to a peace officer through a mobile
50	50	data terminal; and
51	51	(2) promptly reflect any updated information as
52	52	necessary to ensure a defendant whose ignition interlock
53	53	restriction has expired is not indicated through the mobile data
54	54	terminal as a person who is restricted to the operation of a motor
55	55	vehicle equipped with an ignition interlock device.
56	56	SECTION 4. Section 509.004(a), Government Code, is amended
57	57	to read as follows:
58	58	(a) The division shall require each department to:
59	59	(1) keep financial and statistical records determined
60	60	necessary by the division;
61	61	(2) submit a strategic plan and all supporting
62	62	information requested by the division;
63	63	(3) present data requested by the division as
64	64	necessary to determine the amount of state aid for which the
65	65	department is eligible; and
66	66	(4) submit periodic financial audits and statistical
67	67	reports to the division[; and
68	68	[(5) submit to the Department of Public Safety the
69	69	full name, address, date of birth, social security number, and
70	70	driver's license number of each person restricted to the operation
71	71	of a motor vehicle equipped with a device that uses a deep-lung
72	72	breath analysis mechanism to make impractical the operation of the
73	73	motor vehicle if ethyl alcohol is detected in the breath of the
74	74	restricted operator].
75	75	SECTION 5. Section 49.09(h), Penal Code, is amended to read
76	76	as follows:
77	77	(h) This subsection applies only to a person convicted of a
78	78	second or subsequent offense relating to the operating of a motor
79	79	vehicle while intoxicated committed within five years of the date
80	80	on which the most recent preceding offense was committed. The court
81	81	shall enter an order that requires the defendant to have an ignition
82	82	interlock [a] device installed, on each motor vehicle owned or
83	83	operated by the defendant, that uses a deep-lung breath analysis
84	84	mechanism to make impractical the operation of the motor vehicle if
85	85	ethyl alcohol is detected in the breath of the operator, and that
86	86	requires that before the first anniversary of the ending date of the
87	87	period of license suspension under Section 521.344, Transportation
88	88	Code, the defendant not operate any motor vehicle that is not
89	89	equipped with an ignition interlock [that] device. The court shall
90	90	require the defendant to obtain the ignition interlock device at
91	91	the defendant's own cost on or before that ending date, require the
92	92	defendant to provide evidence to the court on or before that ending
93	93	date that the ignition interlock device has been installed on each
94	94	appropriate vehicle, and order the ignition interlock device to
95	95	remain installed on each vehicle until the first anniversary of
96	96	that ending date. If the court determines the offender is unable to
97	97	pay for the ignition interlock device, the court may impose a
98	98	reasonable payment schedule not to extend beyond the first
99	99	anniversary of the date of installation. The Department of Public
100	100	Safety shall approve ignition interlock devices for use under this
101	101	subsection. Section 521.247, Transportation Code, applies to the
102	102	approval of an ignition interlock [a] device under this subsection
103	103	and the consequences of that approval. Failure to comply with an
104	104	order entered under this subsection is punishable by contempt. For
105	105	the purpose of enforcing this subsection, the court that enters an
106	106	order under this subsection retains jurisdiction over the defendant
107	107	until the date on which the ignition interlock device is no longer
108	108	required to remain installed. A court that restricts a defendant to
109	109	the operation of a motor vehicle equipped with an ignition
110	110	interlock device under this subsection shall submit the name of the
111	111	defendant and the date the restriction expires to the Department of
112	112	Public Safety for inclusion in the Texas Crime Information Center
113	113	database. To the extent of a conflict between this subsection and
114	114	Subchapter I, Chapter 42A, Code of Criminal Procedure, this
115	115	subsection controls.
116	116	SECTION 6. Section 521.246, Transportation Code, is amended
117	117	by adding Subsection (g) to read as follows:
118	118	(g) A judge that restricts a person to the operation of a
119	119	motor vehicle equipped with an ignition interlock device under
120	120	Subsection (a) shall submit the name of the person and the date the
121	121	restriction expires to the Department of Public Safety for
122	122	inclusion in the Texas Crime Information Center database.
123	123	SECTION 7. Section 521.2476(b), Transportation Code, is
124	124	amended to read as follows:
125	125	(b) The minimum standards shall require each vendor to:
126	126	(1) be authorized by the department to do business in
127	127	this state;
128	128	(2) install an ignition interlock [a] device only if
129	129	the ignition interlock device is approved under Section 521.247;
130	130	(3) obtain liability insurance providing coverage for
131	131	damages arising out of the operation or use of ignition interlock
132	132	devices in amounts and under the terms specified by the department;
133	133	(4) install the ignition interlock device and activate
134	134	any anticircumvention feature of the ignition interlock device
135	135	within a reasonable time after the vendor receives notice that
136	136	installation is ordered by a court;
137	137	(4-a) submit to the department for inclusion in the
138	138	Texas Crime Information Center database the make, model, vehicle
139	139	identification number, and license plate number of the motor
140	140	vehicle on which the vendor installs the ignition interlock device,
141	141	and the name of the person who is the subject of the court order
142	142	requiring installation of the ignition interlock device on the
143	143	motor vehicle;
144	144	(5) install and inspect the ignition interlock device
145	145	in accordance with any applicable court order;
146	146	(6) repair or replace an ignition interlock [a] device
147	147	not later than 48 hours after receiving notice of a complaint
148	148	regarding the operation of the ignition interlock device;
149	149	(7) submit a written report of any violation of a court
150	150	order to that court and to the person's supervising officer, if any,
151	151	not later than 48 hours after the vendor discovers the violation;
152	152	(8) maintain a record of each action taken by the
153	153	vendor with respect to each ignition interlock device installed by
154	154	the vendor, including each action taken as a result of an attempt to
155	155	circumvent the ignition interlock device, until at least the fifth
156	156	anniversary after the date of installation;
157	157	(9) make a copy of the record available for inspection
158	158	by or send a copy of the record to any court, supervising officer,
159	159	or the department on request; and
160	160	(10) annually provide to the department a written
161	161	report of each service and ignition interlock device feature made
162	162	available by the vendor.
163	163	SECTION 8. Articles 17.441 and 42A.408, Code of Criminal
164	164	Procedure, Section 49.09, Penal Code, and Section 521.246,
165	165	Transportation Code, as amended by this Act, apply only to a
166	166	magistrate, court, or judge that orders that a defendant be
167	167	restricted to the operation of a motor vehicle equipped with an
168	168	ignition interlock device on or after the effective date of this
169	169	Act. A restriction ordered before the effective date of this Act is
170	170	governed by the law in effect on the date the restriction was
171	171	ordered, and the former law is continued in effect for that purpose.
172	172	SECTION 9. Section 521.2476, Transportation Code, as
173	173	amended by this Act, applies only to the installation of an ignition
174	174	interlock device that occurs on or after the effective date of this
175	175	Act. An installation that occurs before the effective date of this
176	176	Act is governed by the law in effect on the date the installation
177	177	occurred, and the former law is continued in effect for that
178	178	purpose.
179	179	SECTION 10. This Act takes effect September 1, 2019.