Texas 2019 - 86th Regular

Texas Senate Bill SB558 Compare Versions

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

Old	New	Differences
1	1	86R1554 GCB-D
2	2	By: Huffman S.B. No. 558
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a central database containing
8	8	information about defendants required to have an ignition interlock
9	9	device installed on a motor vehicle and submission of information
10	10	to and access to information in that database.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 17.441, Code of Criminal Procedure, is
13	13	amended by adding Subsection (e) to read as follows:
14	14	(e) A magistrate that restricts a defendant to the operation
15	15	of a motor vehicle equipped with an ignition interlock device under
16	16	Subsection (a) shall submit the name of the defendant and the date
17	17	the restriction expires to the Department of Public Safety for
18	18	inclusion in the central database maintained by the department
19	19	under Section 411.02091, Government Code.
20	20	SECTION 2. Article 42A.408, Code of Criminal Procedure, is
21	21	amended by adding Subsection (i) to read as follows:
22	22	(i) A court that restricts a defendant to the operation of a
23	23	motor vehicle equipped with an ignition interlock device under this
24	24	article shall submit the name of the defendant and the date the
25	25	restriction expires to the Department of Public Safety for
26	26	inclusion in the central database maintained by the department
27	27	under Section 411.02091, Government Code.
28	28	SECTION 3. Subchapter A, Chapter 411, Government Code, is
29	29	amended by adding Section 411.02091 to read as follows:
30	30	Sec. 411.02091. CENTRAL DATABASE OF DEFENDANTS RESTRICTED
31	31	TO USE OF MOTOR VEHICLE EQUIPPED WITH IGNITION INTERLOCK DEVICE.
32	32	(a) The department shall maintain a computerized central database
33	33	containing information regarding defendants who are restricted to
34	34	the use of a motor vehicle equipped with an ignition interlock
35	35	device.
36	36	(b) The database must include:
37	37	(1) the name of each defendant restricted to the
38	38	operation of a motor vehicle equipped with an ignition interlock
39	39	device under Article 17.441 or 42A.408, Code of Criminal Procedure,
40	40	Section 49.09(h), Penal Code, or Section 521.246, Transportation
41	41	Code, and the date each restriction expires; and
42	42	(2) the information provided to the department by a
43	43	vendor of an ignition interlock device under Section 521.2476,
44	44	Transportation Code, for each defendant described by Subdivision
45	45	(1) for whom the vendor has installed an ignition interlock device
46	46	on the appropriate vehicle.
47	47	(c) The department shall remove a defendant's name from the
48	48	central database on the expiration of the ignition interlock
49	49	restriction for that defendant.
50	50	(d) The central database must:
51	51	(1) provide the information in a format that allows a
52	52	law enforcement agency to make the information available to a peace
53	53	officer through a mobile data terminal; and
54	54	(2) promptly reflect any updated information as
55	55	necessary to ensure a defendant whose ignition interlock
56	56	restriction has expired is not indicated through the mobile data
57	57	terminal as a person who is restricted to the operation of a motor
58	58	vehicle equipped with an ignition interlock device.
59	59	SECTION 4. Section 509.004(a), Government Code, is amended
60	60	to read as follows:
61	61	(a) The division shall require each department to:
62	62	(1) keep financial and statistical records determined
63	63	necessary by the division;
64	64	(2) submit a strategic plan and all supporting
65	65	information requested by the division;
66	66	(3) present data requested by the division as
67	67	necessary to determine the amount of state aid for which the
68	68	department is eligible; and
69	69	(4) submit periodic financial audits and statistical
70	70	reports to the division[; and
71	71	[(5) submit to the Department of Public Safety the
72	72	full name, address, date of birth, social security number, and
73	73	driver's license number of each person restricted to the operation
74	74	of a motor vehicle equipped with a device that uses a deep-lung
75	75	breath analysis mechanism to make impractical the operation of the
76	76	motor vehicle if ethyl alcohol is detected in the breath of the
77	77	restricted operator].
78	78	SECTION 5. Section 49.09(h), Penal Code, is amended to read
79	79	as follows:
80	80	(h) This subsection applies only to a person convicted of a
81	81	second or subsequent offense relating to the operating of a motor
82	82	vehicle while intoxicated committed within five years of the date
83	83	on which the most recent preceding offense was committed. The court
84	84	shall enter an order that requires the defendant to have an ignition
85	85	interlock [a] device installed, on each motor vehicle owned or
86	86	operated by the defendant, that uses a deep-lung breath analysis
87	87	mechanism to make impractical the operation of the motor vehicle if
88	88	ethyl alcohol is detected in the breath of the operator, and that
89	89	requires that before the first anniversary of the ending date of the
90	90	period of license suspension under Section 521.344, Transportation
91	91	Code, the defendant not operate any motor vehicle that is not
92	92	equipped with an ignition interlock [that] device. The court shall
93	93	require the defendant to obtain the ignition interlock device at
94	94	the defendant's own cost on or before that ending date, require the
95	95	defendant to provide evidence to the court on or before that ending
96	96	date that the ignition interlock device has been installed on each
97	97	appropriate vehicle, and order the ignition interlock device to
98	98	remain installed on each vehicle until the first anniversary of
99	99	that ending date. If the court determines the offender is unable to
100	100	pay for the ignition interlock device, the court may impose a
101	101	reasonable payment schedule not to extend beyond the first
102	102	anniversary of the date of installation. The Department of Public
103	103	Safety shall approve ignition interlock devices for use under this
104	104	subsection. Section 521.247, Transportation Code, applies to the
105	105	approval of an ignition interlock [a] device under this subsection
106	106	and the consequences of that approval. Failure to comply with an
107	107	order entered under this subsection is punishable by contempt. For
108	108	the purpose of enforcing this subsection, the court that enters an
109	109	order under this subsection retains jurisdiction over the defendant
110	110	until the date on which the ignition interlock device is no longer
111	111	required to remain installed. A court that restricts a defendant to
112	112	the operation of a motor vehicle equipped with an ignition
113	113	interlock device under this subsection shall submit the name of the
114	114	defendant and the date the restriction expires to the Department of
115	115	Public Safety for inclusion in the central database maintained by
116	116	the department under Section 411.02091, Government Code. To the
117	117	extent of a conflict between this subsection and Subchapter I,
118	118	Chapter 42A, Code of Criminal Procedure, this subsection controls.
119	119	SECTION 6. Section 521.246, Transportation Code, is amended
120	120	by adding Subsection (g) to read as follows:
121	121	(g) A judge that restricts a person to the operation of a
122	122	motor vehicle equipped with an ignition interlock device under
123	123	Subsection (a) shall submit the name of the person and the date the
124	124	restriction expires to the Department of Public Safety for
125	125	inclusion in the central database maintained by the department
126	126	under Section 411.02091, Government Code.
127	127	SECTION 7. Section 521.2476(b), Transportation Code, is
128	128	amended to read as follows:
129	129	(b) The minimum standards shall require each vendor to:
130	130	(1) be authorized by the department to do business in
131	131	this state;
132	132	(2) install an ignition interlock [a] device only if
133	133	the ignition interlock device is approved under Section 521.247;
134	134	(3) obtain liability insurance providing coverage for
135	135	damages arising out of the operation or use of ignition interlock
136	136	devices in amounts and under the terms specified by the department;
137	137	(4) install the ignition interlock device and activate
138	138	any anticircumvention feature of the ignition interlock device
139	139	within a reasonable time after the vendor receives notice that
140	140	installation is ordered by a court;
141	141	(4-a) submit to the department for inclusion in the
142	142	central database maintained by the department under Section
143	143	411.02091, Government Code, the make, model, vehicle
144	144	identification number, and license plate number of the motor
145	145	vehicle on which the vendor installs the ignition interlock device,
146	146	and the name of the person who is the subject of the court order
147	147	requiring installation of the ignition interlock device on the
148	148	motor vehicle;
149	149	(5) install and inspect the ignition interlock device
150	150	in accordance with any applicable court order;
151	151	(6) repair or replace an ignition interlock [a] device
152	152	not later than 48 hours after receiving notice of a complaint
153	153	regarding the operation of the ignition interlock device;
154	154	(7) submit a written report of any violation of a court
155	155	order to that court and to the person's supervising officer, if any,
156	156	not later than 48 hours after the vendor discovers the violation;
157	157	(8) maintain a record of each action taken by the
158	158	vendor with respect to each ignition interlock device installed by
159	159	the vendor, including each action taken as a result of an attempt to
160	160	circumvent the ignition interlock device, until at least the fifth
161	161	anniversary after the date of installation;
162	162	(9) make a copy of the record available for inspection
163	163	by or send a copy of the record to any court, supervising officer,
164	164	or the department on request; and
165	165	(10) annually provide to the department a written
166	166	report of each service and ignition interlock device feature made
167	167	available by the vendor.
168	168	SECTION 8. The Department of Public Safety of the State of
169	169	Texas shall design and implement the central database required by
170	170	Section 411.02091, Government Code, as added by this Act, not later
171	171	than January 1, 2020.
172	172	SECTION 9. Articles 17.441 and 42A.408, Code of Criminal
173	173	Procedure, Section 49.09, Penal Code, and Section 521.246,
174	174	Transportation Code, as amended by this Act, apply only to a
175	175	magistrate, court, or judge that orders that a defendant be
176	176	restricted to the operation of a motor vehicle equipped with an
177	177	ignition interlock device on or after January 1, 2020. A
178	178	restriction ordered before January 1, 2020, is governed by the law
179	179	in effect immediately before the effective date of this Act, and the
180	180	former law is continued in effect for that purpose.
181	181	SECTION 10. Section 521.2476, Transportation Code, as
182	182	amended by this Act, applies only to the installation of an ignition
183	183	interlock device that occurs on or after January 1, 2020. An
184	184	installation that occurs before January 1, 2020, is governed by the
185	185	law in effect immediately before the effective date of this Act, and
186	186	the former law is continued in effect for that purpose.
187	187	SECTION 11. This Act takes effect immediately if it
188	188	receives a vote of two-thirds of all the members elected to each
189	189	house, as provided by Section 39, Article III, Texas Constitution.
190	190	If this Act does not receive the vote necessary for immediate
191	191	effect, this Act takes effect September 1, 2019.