Texas 2019 - 86th Regular

Texas House Bill HB364 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R16109 GCB-D
1	2		By: Tinderholt, Moody H.B. No. 364
	3	+	Substitute the following for H.B. No. 364:
	4	+	By: Paul C.S.H.B. No. 364
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to required alcohol monitoring and ignition interlock
7	10		devices ordered by a court and a central database of those orders;
8	11		creating a criminal offense.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. The heading to Article 17.44, Code of Criminal
11	14		Procedure, is amended to read as follows:
12	15		Art. 17.44. HOME CONFINEMENT, ELECTRONIC MONITORING, [AND]
13	16		DRUG TESTING, OR ALCOHOL MONITORING AS CONDITION.
14	17		SECTION 2. Articles 17.44(a), (c), and (e), Code of
15	18		Criminal Procedure, are amended to read as follows:
16	19		(a) A magistrate may require as a condition of release on
17	20		bond that the defendant submit to:
18	21		(1) home confinement and electronic monitoring under
19	22		the supervision of an agency designated by the magistrate; [or]
20	23		(2) testing on a weekly basis for the presence of a
21	24		controlled substance in the defendant's body; or
22	25		(3) alcohol monitoring through the use of an alcohol
23	26		monitoring device other than an ignition interlock device, for a
24	27		person charged with an offense under Section 49.04, 49.045, 49.05,
25	28		49.06, 49.065, 49.07, or 49.08, Penal Code.
26	29		(c) The magistrate may revoke the bond and order the
27	30		defendant arrested if the defendant:
28	31		(1) violates a condition of home confinement and
29	32		electronic monitoring;
30	33		(2) refuses to submit to a test for controlled
31	34		substances or submits to a test for controlled substances and the
32	35		test indicates the presence of a controlled substance in the
33	36		defendant's body; [or]
34	37		(3) violates a condition of alcohol monitoring or
35	38		refuses to submit to alcohol monitoring; or
36	39		(4) fails to pay the costs of electronic monitoring,
37	40		[or] testing for controlled substances, or alcohol monitoring, if
38	41		payment is ordered under Subsection (e) as a condition of bond and
39	42		the magistrate determines that the defendant is not indigent and is
40	43		financially able to make the payments as ordered.
41	44		(e) The cost of electronic monitoring, [or] testing for
42	45		controlled substances, or alcohol monitoring under this article may
43	46		be assessed as court costs or ordered paid directly by the defendant
44	47		as a condition of bond.
45	48		SECTION 3. Article 17.441, Code of Criminal Procedure, is
46	49		amended by adding Subsection (e) to read as follows:
47	50		(e) A magistrate that restricts a defendant to the operation
48	51		of a motor vehicle equipped with an ignition interlock device under
49	52		Subsection (a) or modifies the order imposing the restriction shall
50	53		submit to the Department of Public Safety for inclusion in the
51	54		central database maintained by the department under Section
52	55		411.02091, Government Code:
53	56		(1) a copy of the order imposing the restriction or the
54	57		order for modification, as applicable; and
55	58		(2) the defendant's name and date of birth.
56	59		SECTION 4. Chapter 21, Code of Criminal Procedure, is
57	60		amended by adding Article 21.32 to read as follows:
58	61		Art. 21.32. SUBMISSION TO CENTRAL DATABASE CONCERNING
59	62		IGNITION INTERLOCK DEVICE OR ALCOHOL MONITORING CONDITION. A court
60	63		on receiving an indictment or information alleging an offense for
61	64		which the person was, as a condition of bond, restricted to the
62	65		operation of a motor vehicle equipped with an ignition interlock
63	66		device under Article 17.441 or ordered to submit to alcohol
64	67		monitoring by any other alcohol monitoring device under Article
65	68		17.44 shall submit to the Department of Public Safety for inclusion
66	69		in the central database maintained by the department under Section
67	70		411.02091, Government Code, a statement indicating the defendant's
68	71		name, the defendant's date of birth, and whether the defendant
69	72		remains subject to the restriction or condition.
70	73		SECTION 5. Chapter 42, Code of Criminal Procedure, is
71	74		amended by adding Article 42.0184 to read as follows:
72	75		Art. 42.0184. NOTICE OF CERTAIN INTOXICATION OFFENSES
73	76		PROVIDED BY CLERK OF COURT. (a) If a defendant is convicted of an
74	77		offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07,
75	78		or 49.08, Penal Code, the court in which the conviction is entered
76	79		shall determine whether the defendant was previously restricted to
77	80		the operation of a motor vehicle equipped with an ignition
78	81		interlock device or ordered to submit to alcohol monitoring by any
79	82		other alcohol monitoring device as a condition of bond.
80	83		(b) Not later than the fifth day after the date a person
81	84		described by Subsection (a) is convicted of the offense, the clerk
82	85		of the court in which the conviction is entered shall submit to the
83	86		Department of Public Safety for inclusion in the central database
84	87		maintained by the department under Section 411.02091, Government
85	88		Code:
86	89		(1) a copy of the order of conviction; and
87	90		(2) a statement indicating the defendant's name, the
88	91		defendant's date of birth, and whether the defendant remains
89	92		subject to the restriction or condition following the conviction.
90	93		SECTION 6. Article 42A.408, Code of Criminal Procedure, is
91	94		amended by adding Subsection (i) to read as follows:
92	95		(i) A court that restricts a defendant to the operation of a
93	96		motor vehicle equipped with an ignition interlock device under this
94	97		article or modifies the order imposing the restriction shall submit
95	98		to the Department of Public Safety for inclusion in the central
96	99		database maintained by the department under Section 411.02091,
97	100		Government Code:
98	101		(1) a copy of the order imposing the restriction or the
99	102		order for modification, as applicable;
100	103		(2) the defendant's name and date of birth; and
101	104		(3) if applicable, the date the restriction expires.
102	105		SECTION 7. Subchapter I, Chapter 42A, Code of Criminal
103	106		Procedure, is amended by adding Article 42A.4085 to read as
104	107		follows:
105	108		Art. 42A.4085. SUBMISSION OF ALCOHOL MONITORING COMMUNITY
106	109		SUPERVISION CONDITION TO CENTRAL DATABASE. (a) A judge ordering
107	110		alcohol monitoring as a condition of community supervision or
108	111		modifying an order for alcohol monitoring shall submit to the
109	112		Department of Public Safety for inclusion in the central database
110	113		maintained by the department under Section 411.02091, Government
111	114		Code:
112	115		(1) a copy of the court's order imposing the condition
113	116		or the order for modification, as applicable; and
114	117		(2) the defendant's name, the defendant's date of
115	118		birth, and, if applicable, the date the requirement for alcohol
116	119		monitoring expires.
117	120		(b) This article does not apply to an order restricting a
118	121		defendant to operation of a motor vehicle equipped with an ignition
119	122		interlock device under Article 42A.408.
120	123		SECTION 8. Subchapter A, Chapter 411, Government Code, is
121	124		amended by adding Section 411.02091 to read as follows:
122	125		Sec. 411.02091. CENTRAL DATABASE OF DEFENDANTS RESTRICTED
123	126		TO USE OF MOTOR VEHICLE EQUIPPED WITH IGNITION INTERLOCK DEVICE OR
124	127		REQUIRED TO USE OTHER ALCOHOL MONITORING DEVICE. (a) The
125	128		department shall maintain a computerized central database
126	129		containing information regarding defendants who are restricted to
127	130		the use of a motor vehicle equipped with an ignition interlock
128	131		device or ordered to use any other alcohol monitoring device.
129	132		(b) The database must include the name of each defendant
130	133		restricted to the operation of a motor vehicle equipped with an
131	134		ignition interlock device under Article 17.441 or 42A.408, Code of
132	135		Criminal Procedure, Section 49.09(h), Penal Code, or Section
133	136		521.246, Transportation Code, or required to use an alcohol
134	137		monitoring device under Article 17.44, Code of Criminal Procedure,
135	138		or Chapter 42A of that code, the defendant's date of birth, and, if
136	139		applicable, the date each restriction expires.
137	140		(c) The department shall remove a defendant's name from the
138	141		central database on the expiration of the ignition interlock
139	142		restriction or alcohol monitoring requirement for that defendant or
140	143		on other notification that the restriction or requirement has been
141	144		terminated.
142	145		(d) The central database must:
143	146		(1) provide the information in a format that allows a
144	147		law enforcement agency to make the information available to a peace
145	148		officer through a mobile data terminal; and
146	149		(2) promptly reflect any updated information,
147	150		including modifications to a court's order, as necessary to ensure
148	151		a defendant whose ignition interlock restriction or alcohol
149	152		monitoring requirement has expired or been terminated is not
150	153		indicated through the mobile data terminal as a person who is
151	154		restricted to the operation of a motor vehicle equipped with an
152	155		ignition interlock device or subject to alcohol monitoring.
153		-	(e) In lieu of creating a separate central database under
154		-	this section, the department may comply with this section by
155		-	incorporating the information regarding the defendant into an
156		-	existing database or electronic record system maintained by the
157		-	department, including by adding the information to the defendant's
158		-	driver's license record, provided that the existing database or
159		-	system meets the requirements of Subsection (d).
160	156		SECTION 9. Section 509.004(a), Government Code, is amended
161	157		to read as follows:
162	158		(a) The division shall require each department to:
163	159		(1) keep financial and statistical records determined
164	160		necessary by the division;
165	161		(2) submit a strategic plan and all supporting
166	162		information requested by the division;
167	163		(3) present data requested by the division as
168	164		necessary to determine the amount of state aid for which the
169	165		department is eligible; and
170	166		(4) submit periodic financial audits and statistical
171	167		reports to the division[; and
172	168		[(5) submit to the Department of Public Safety the
173	169		full name, address, date of birth, social security number, and
174	170		driver's license number of each person restricted to the operation
175	171		of a motor vehicle equipped with a device that uses a deep-lung
176	172		breath analysis mechanism to make impractical the operation of the
177	173		motor vehicle if ethyl alcohol is detected in the breath of the
178	174		restricted operator].
179	175		SECTION 10. Section 49.09(h), Penal Code, is amended to
180	176		read as follows:
181	177		(h) This subsection applies only to a person convicted of a
182	178		second or subsequent offense relating to the operating of a motor
183	179		vehicle while intoxicated committed within five years of the date
184	180		on which the most recent preceding offense was committed. The court
185	181		shall enter an order that requires the defendant to have an ignition
186	182		interlock [a] device installed, on each motor vehicle owned or
187	183		operated by the defendant, that uses a deep-lung breath analysis
188	184		mechanism to make impractical the operation of the motor vehicle if
189	185		ethyl alcohol is detected in the breath of the operator, and that
190	186		requires that before the first anniversary of the ending date of the
191	187		period of license suspension under Section 521.344, Transportation
192	188		Code, the defendant not operate any motor vehicle that is not
193	189		equipped with an ignition interlock [that] device. The court shall
194	190		require the defendant to obtain the ignition interlock device at
195	191		the defendant's own cost on or before that ending date, require the
196	192		defendant to provide evidence to the court on or before that ending
197	193		date that the ignition interlock device has been installed on each
198	194		appropriate vehicle, and order the ignition interlock device to
199	195		remain installed on each vehicle until the first anniversary of
200	196		that ending date. If the court determines the offender is unable to
201	197		pay for the ignition interlock device, the court may impose a
202	198		reasonable payment schedule not to extend beyond the first
203	199		anniversary of the date of installation. The Department of Public
204	200		Safety shall approve ignition interlock devices for use under this
205	201		subsection. Section 521.247, Transportation Code, applies to the
206	202		approval of an ignition interlock [a] device under this subsection
207	203		and the consequences of that approval. Failure to comply with an
208	204		order entered under this subsection is punishable by contempt. For
209	205		the purpose of enforcing this subsection, the court that enters an
210	206		order under this subsection retains jurisdiction over the defendant
211	207		until the date on which the ignition interlock device is no longer
212	208		required to remain installed. A court that restricts a defendant to
213	209		the operation of a motor vehicle equipped with an ignition
214	210		interlock device under this subsection shall submit to the
215	211		Department of Public Safety for inclusion in the central database
216	212		maintained by the department under Section 411.02091, Government
217	213		Code, a copy of the order imposing the restriction, the defendant's
218	214		name, the defendant's date of birth, and, if applicable, the date
219	215		the restriction expires. To the extent of a conflict between this
220	216		subsection and Subchapter I, Chapter 42A, Code of Criminal
221	217		Procedure, this subsection controls.
222	218		SECTION 11. Chapter 49, Penal Code, is amended by adding
223	219		Section 49.091 to read as follows:
224	220		Sec. 49.091. VIOLATION OF REQUIREMENT RELATING TO IGNITION
225	221		INTERLOCK DEVICE OR OTHER ALCOHOL MONITORING DEVICE. (a) A person
226	222		commits an offense if the person violates:
227	223		(1) a condition of bond imposed under Article 17.441,
228	224		Code of Criminal Procedure, a condition of community supervision
229	225		imposed under Article 42A.408, Code of Criminal Procedure, a
230	226		condition of holding an occupational driver's license under Section
231	227		521.246, Transportation Code, or a court order issued under Section
232	228		49.09(h) restricting the person to the operation of a motor vehicle
233	229		equipped with an ignition interlock device; or
234	230		(2) a condition of bond imposed under Article 17.44,
235	231		Code of Criminal Procedure, or a condition of community supervision
236	232		imposed under Chapter 42A of that code requiring the use of an
237	233		alcohol monitoring device other than an ignition interlock device.
238	234		(b) An offense under this section is a Class C misdemeanor.
239	235		SECTION 12. Section 521.246, Transportation Code, is
240	236		amended by adding Subsection (g) to read as follows:
241	237		(g) A judge that restricts a person to the operation of a
242	238		motor vehicle equipped with an ignition interlock device under
243	239		Subsection (a) or modifies the order imposing the restriction shall
244	240		submit to the Department of Public Safety for inclusion in the
245	241		central database maintained by the department under Section
246	242		411.02091, Government Code:
247	243		(1) a copy of the order imposing the restriction or the
248	244		order for modification, as applicable;
249	245		(2) the defendant's name and date of birth; and
250	246		(3) if applicable, the date the restriction expires.
251	247		SECTION 13. The Department of Public Safety of the State of
252	248		Texas shall design and implement the central database required by
253	249		Section 411.02091, Government Code, as added by this Act, not later
254	250		than January 1, 2020.
255	251		SECTION 14. Articles 17.44, 17.441, and 42A.408, Code of
256	252		Criminal Procedure, Section 49.09, Penal Code, and Section 521.246,
257	253		Transportation Code, as amended by this Act, apply only to a
258	254		magistrate, court, or judge that orders that a defendant be
259	255		restricted to the operation of a motor vehicle equipped with an
260	256		ignition interlock device or requires a defendant to use any other
261	257		alcohol monitoring device on or after January 1, 2020. A
262	258		restriction or requirement ordered before January 1, 2020, is
263	259		governed by the law in effect immediately before the effective date
264	260		of this Act, and the former law is continued in effect for that
265	261		purpose.
266	262		SECTION 15. Article 21.32, Code of Criminal Procedure, as
267	263		added by this Act, applies only to an indictment or information
268	264		provided under that article on or after January 1, 2020. An
269	265		indictment or information provided under that article before
270	266		January 1, 2020, is governed by the law in effect immediately before
271	267		the effective date of this Act, and the former law is continued in
272	268		effect for that purpose.
273	269		SECTION 16. Articles 42.0184 and 42A.4085, Code of Criminal
274	270		Procedure, as added by this Act, apply only to a magistrate, court,
275	271		or judge that orders that a defendant be restricted to the operation
276	272		of a motor vehicle equipped with an ignition interlock device or
277	273		requires a defendant to use any other alcohol monitoring device on
278	274		or after January 1, 2020. A restriction or requirement ordered
279	275		before January 1, 2020, is governed by the law in effect immediately
280	276		before the effective date of this Act, and the former law is
281	277		continued in effect for that purpose.
282	278		SECTION 17. The change in law made by this Act in adding
283	279		Section 49.091, Penal Code, applies only to a condition of bond or
284	280		community supervision imposed, or a court order issued, on or after
285	281		the effective date of this Act. A condition imposed or court order
286	282		issued before the effective date of this Act is governed by the law
287	283		in effect on the date the condition was imposed or the order was
288	284		issued, and the former law is continued in effect for that purpose.
289	285		SECTION 18. This Act takes effect September 1, 2019.