By: Tinderholt, Moody H.B. No. 364
A BILL TO BE ENTITLED
AN ACT
relating to required alcohol monitoring and ignition interlock
devices ordered by a court and a central database of those orders;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 17.44, Code of Criminal
Procedure, is amended to read as follows:
Art. 17.44. HOME CONFINEMENT, ELECTRONIC MONITORING, [AND]
DRUG TESTING, OR ALCOHOL MONITORING AS CONDITION.
SECTION 2. Articles 17.44(a), (c), and (e), Code of
Criminal Procedure, are amended to read as follows:
(a) A magistrate may require as a condition of release on
bond that the defendant submit to:
(1) home confinement and electronic monitoring under
the supervision of an agency designated by the magistrate; [or]
(2) testing on a weekly basis for the presence of a
controlled substance in the defendant's body; or
(3) alcohol monitoring through the use of an alcohol
monitoring device other than an ignition interlock device, for a
person charged with an offense under Section 49.04, 49.045, 49.05,
49.06, 49.065, 49.07, or 49.08, Penal Code.
(c) The magistrate may revoke the bond and order the
defendant arrested if the defendant:
(1) violates a condition of home confinement and
electronic monitoring;
(2) refuses to submit to a test for controlled
substances or submits to a test for controlled substances and the
test indicates the presence of a controlled substance in the
defendant's body; [or]
(3) violates a condition of alcohol monitoring or
refuses to submit to alcohol monitoring; or
(4) fails to pay the costs of electronic monitoring,
[or] testing for controlled substances, or alcohol monitoring, if
payment is ordered under Subsection (e) as a condition of bond and
the magistrate determines that the defendant is not indigent and is
financially able to make the payments as ordered.
(e) The cost of electronic monitoring, [or] testing for
controlled substances, or alcohol monitoring under this article may
be assessed as court costs or ordered paid directly by the defendant
as a condition of bond.
SECTION 3. 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) or modifies the order imposing the restriction shall
submit to the Department of Public Safety for inclusion in the
central database maintained by the department under Section
411.02091, Government Code:
(1) a copy of the order imposing the restriction or the
order for modification, as applicable; and
(2) the defendant's name and date of birth.
SECTION 4. Chapter 21, Code of Criminal Procedure, is
amended by adding Article 21.32 to read as follows:
Art. 21.32. SUBMISSION TO CENTRAL DATABASE CONCERNING
IGNITION INTERLOCK DEVICE OR ALCOHOL MONITORING CONDITION. A court
on receiving an indictment or information alleging an offense for
which the person was, as a condition of bond, restricted to the
operation of a motor vehicle equipped with an ignition interlock
device under Article 17.441 or ordered to submit to alcohol
monitoring by any other alcohol monitoring device under Article
17.44 shall submit to the Department of Public Safety for inclusion
in the central database maintained by the department under Section
411.02091, Government Code, a statement indicating the defendant's
name, the defendant's date of birth, and whether the defendant
remains subject to the restriction or condition.
SECTION 5. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0184 to read as follows:
Art. 42.0184. NOTICE OF CERTAIN INTOXICATION OFFENSES
PROVIDED BY CLERK OF COURT. (a) If a defendant is convicted of an
offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07,
or 49.08, Penal Code, the court in which the conviction is entered
shall determine whether the defendant was previously restricted to
the operation of a motor vehicle equipped with an ignition
interlock device or ordered to submit to alcohol monitoring by any
other alcohol monitoring device as a condition of bond.
(b) Not later than the fifth day after the date a person
described by Subsection (a) is convicted of the offense, the clerk
of the court in which the conviction is entered shall submit to the
Department of Public Safety for inclusion in the central database
maintained by the department under Section 411.02091, Government
Code:
(1) a copy of the order of conviction; and
(2) a statement indicating the defendant's name, the
defendant's date of birth, and whether the defendant remains
subject to the restriction or condition following the conviction.
SECTION 6. 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 or modifies the order imposing the restriction shall submit
to the Department of Public Safety for inclusion in the central
database maintained by the department under Section 411.02091,
Government Code:
(1) a copy of the order imposing the restriction or the
order for modification, as applicable;
(2) the defendant's name and date of birth; and
(3) if applicable, the date the restriction expires.
SECTION 7. Subchapter I, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.4085 to read as
follows:
Art. 42A.4085. SUBMISSION OF ALCOHOL MONITORING COMMUNITY
SUPERVISION CONDITION TO CENTRAL DATABASE. (a) A judge ordering
alcohol monitoring as a condition of community supervision or
modifying an order for alcohol monitoring shall submit to the
Department of Public Safety for inclusion in the central database
maintained by the department under Section 411.02091, Government
Code:
(1) a copy of the court's order imposing the condition
or the order for modification, as applicable; and
(2) the defendant's name, the defendant's date of
birth, and, if applicable, the date the requirement for alcohol
monitoring expires.
(b) This article does not apply to an order restricting a
defendant to operation of a motor vehicle equipped with an ignition
interlock device under Article 42A.408.
SECTION 8. 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 OR
REQUIRED TO USE OTHER ALCOHOL MONITORING 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 or ordered to use any other alcohol monitoring device.
(b) The database must include 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, or required to use an alcohol
monitoring device under Article 17.44, Code of Criminal Procedure,
or Chapter 42A of that code, the defendant's date of birth, and, if
applicable, the date each restriction expires.
(c) The department shall remove a defendant's name from the
central database on the expiration of the ignition interlock
restriction or alcohol monitoring requirement for that defendant or
on other notification that the restriction or requirement has been
terminated.
(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,
including modifications to a court's order, as necessary to ensure
a defendant whose ignition interlock restriction or alcohol
monitoring requirement has expired or been terminated 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 or subject to alcohol monitoring.
(e) In lieu of creating a separate central database under
this section, the department may comply with this section by
incorporating the information regarding the defendant into an
existing database or electronic record system maintained by the
department, including by adding the information to the defendant's
driver's license record, provided that the existing database or
system meets the requirements of Subsection (d).
SECTION 9. Section 509.004(a), Government Code, is amended
to read as follows:
(a) The division shall require each department to:
(1) keep financial and statistical records determined
necessary by the division;
(2) submit a strategic plan and all supporting
information requested by the division;
(3) present data requested by the division as
necessary to determine the amount of state aid for which the
department is eligible; and
(4) submit periodic financial audits and statistical
reports to the division[; and
[(5) submit to the Department of Public Safety the
full name, address, date of birth, social security number, and
driver's license number of each person restricted to the operation
of a motor vehicle equipped with a device 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
restricted operator].
SECTION 10. Section 49.09(h), Penal Code, is 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 to the
Department of Public Safety for inclusion in the central database
maintained by the department under Section 411.02091, Government
Code, a copy of the order imposing the restriction, the defendant's
name, the defendant's date of birth, and, if applicable, the date
the restriction expires. To the extent of a conflict between this
subsection and Subchapter I, Chapter 42A, Code of Criminal
Procedure, this subsection controls.
SECTION 11. Chapter 49, Penal Code, is amended by adding
Section 49.091 to read as follows:
Sec. 49.091. VIOLATION OF REQUIREMENT RELATING TO IGNITION
INTERLOCK DEVICE OR OTHER ALCOHOL MONITORING DEVICE. (a) A person
commits an offense if the person violates:
(1) a condition of bond imposed under Article 17.441,
Code of Criminal Procedure, a condition of community supervision
imposed under Article 42A.408, Code of Criminal Procedure, a
condition of holding an occupational driver's license under Section
521.246, Transportation Code, or a court order issued under Section
49.09(h) restricting the person to the operation of a motor vehicle
equipped with an ignition interlock device; or
(2) a condition of bond imposed under Article 17.44,
Code of Criminal Procedure, or a condition of community supervision
imposed under Chapter 42A of that code requiring the use of an
alcohol monitoring device other than an ignition interlock device.
(b) An offense under this section is a Class C misdemeanor.
SECTION 12. Section 521.246, Transportation Code, is
amended by adding Subsection (g) to read as follows:
(g) A judge that restricts a person to the operation of a
motor vehicle equipped with an ignition interlock device under
Subsection (a) or modifies the order imposing the restriction shall
submit to the Department of Public Safety for inclusion in the
central database maintained by the department under Section
411.02091, Government Code:
(1) a copy of the order imposing the restriction or the
order for modification, as applicable;
(2) the defendant's name and date of birth; and
(3) if applicable, the date the restriction expires.
SECTION 13. 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, 2020.
SECTION 14. Articles 17.44, 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 or requires a defendant to use any other
alcohol monitoring device on or after January 1, 2020. A
restriction or requirement ordered before January 1, 2020, 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 15. Article 21.32, Code of Criminal Procedure, as
added by this Act, applies only to an indictment or information
provided under that article on or after January 1, 2020. An
indictment or information provided under that article before
January 1, 2020, 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 16. Articles 42.0184 and 42A.4085, Code of Criminal
Procedure, as added 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 or
requires a defendant to use any other alcohol monitoring device on
or after January 1, 2020. A restriction or requirement ordered
before January 1, 2020, 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 17. The change in law made by this Act in adding
Section 49.091, Penal Code, applies only to a condition of bond or
community supervision imposed, or a court order issued, on or after
the effective date of this Act. A condition imposed or court order
issued before the effective date of this Act is governed by the law
in effect on the date the condition was imposed or the order was
issued, and the former law is continued in effect for that purpose.
SECTION 18. This Act takes effect September 1, 2019.