Texas 2021 - 87th Regular

Texas House Bill HB2733 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R9689 LHC-D
1	2		By: Tinderholt, King of Parker, White, H.B. No. 2733
2		-	Bowers~~, et al.~~
	3	+	Bowers
3	4
4	5
5	6		A BILL TO BE ENTITLED
6	7		AN ACT
7	8		relating to defendants restricted to the operation of a vehicle
8	9		equipped with an ignition interlock device or required to submit to
9	10		alcohol monitoring and establishing a central database of those
10	11		defendants.
11	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	13		SECTION 1. Chapter 2, Code of Criminal Procedure, is
13	14		amended by adding Article 2.33 to read as follows:
14	15		Art. 2.33. REPORT REQUIRED FOR VIOLATION OF REQUIREMENT
15	16		RELATING TO IGNITION INTERLOCK DEVICE OR OTHER ALCOHOL MONITORING
16	17		DEVICE. A peace officer shall make a report to the Department of
17		-	Public Safety if the peace officer has ~~probable~~ cause to believe
	18	+	Public Safety if the peace officer has reasonable cause to believe
18	19		that a person has violated:
19	20		(1) a condition of bond imposed under Article 17.441,
20	21		a condition of community supervision imposed under Article 42A.408,
21	22		a condition of holding an occupational driver's license under
22	23		Section 521.246, Transportation Code, or a court order issued under
23	24		Section 49.09(h), Penal Code, restricting the person to the
24	25		operation of a motor vehicle equipped with an ignition interlock
25	26		device; or
26	27		(2) a condition of bond imposed under Article
27	28		17.44(a)(3) or a condition of community supervision imposed under
28	29		Chapter 42A requiring the person to submit to alcohol monitoring
29	30		through the use of an alcohol monitoring device other than an
30	31		ignition interlock device.
31	32		SECTION 2. The heading to Article 17.44, Code of Criminal
32	33		Procedure, is amended to read as follows:
33	34		Art. 17.44. HOME CONFINEMENT, ELECTRONIC MONITORING, [AND]
34	35		DRUG TESTING, OR ALCOHOL MONITORING AS CONDITION.
35	36		SECTION 3. Article 17.44, Code of Criminal Procedure, is
36	37		amended by amending Subsections (a), (c), and (e) and adding
37	38		Subsections (f) and (g) to read as follows:
38	39		(a) A magistrate may require as a condition of release on
39	40		bond that the defendant submit to:
40	41		(1) home confinement and electronic monitoring under
41	42		the supervision of an agency designated by the magistrate; [or]
42	43		(2) testing on a weekly basis for the presence of a
43	44		controlled substance in the defendant's body; or
44	45		(3) alcohol monitoring through the use of an alcohol
45	46		monitoring device other than an ignition interlock device, for a
46	47		defendant charged with an offense under Section 49.04, 49.045,
47	48		49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code.
48	49		(c) The magistrate may revoke the bond and order the
49	50		defendant arrested if the defendant:
50	51		(1) violates a condition of home confinement and
51	52		electronic monitoring;
52	53		(2) refuses to submit to a test for controlled
53	54		substances or submits to a test for controlled substances and the
54	55		test indicates the presence of a controlled substance in the
55	56		defendant's body; [or]
56	57		(3) violates a condition of alcohol monitoring or
57	58		refuses to submit to alcohol monitoring; or
58	59		(4) fails to pay the reimbursement fee for electronic
59	60		monitoring, [or] testing for controlled substances, or alcohol
60	61		monitoring, if payment is ordered under Subsection (e) as a
61	62		condition of bond and the magistrate determines that the defendant
62	63		is not indigent and is financially able to make the payments as
63	64		ordered.
64	65		(e) The cost of electronic monitoring, [or] testing for
65	66		controlled substances, or alcohol monitoring under this article may
66	67		be assessed as a reimbursement fee or ordered paid directly by the
67	68		defendant as a condition of bond.
68	69		(f) A magistrate that requires the defendant to submit to
69	70		alcohol monitoring under Subsection (a)(3) as a condition of bond
70		-	or modifies the conditions of bond imposing the requirement or the
71		-	county clerk of the county in which the magistrate is located shall
	71	+	or modifies the conditions of bond imposing the requirement shall
72	72		submit to the Department of Public Safety for inclusion in the
73	73		central database maintained by the department under Section
74	74		411.02091, Government Code:
75	75		(1) a copy of the order for conditions of bond imposing
76	76		the alcohol monitoring requirement or the order for modification of
77	77		the conditions of bond, as applicable; and
78	78		(2) the defendant's name, date of birth, and driver's
79	79		license number.
80	80		(g) If a defendant required to submit to alcohol monitoring
81	81		as a condition of bond is convicted, placed on deferred
82	82		adjudication community supervision, or acquitted, or if the charges
83	83		with respect to the defendant are dismissed, the applicable court
84		-	or the county clerk of the county in which the applicable court is
85		-	located shall submit to the Department of Public Safety for
86		-	inclusion in the central database maintained by the department
87		-	under Section 411.02091, Government Code:
	84	+	shall submit to the Department of Public Safety for inclusion in the
	85	+	central database maintained by the department under Section
	86	+	411.02091, Government Code:
88	87		(1) a copy of the applicable order; and
89	88		(2) the defendant's name, date of birth, and driver's
90	89		license number.
91	90		SECTION 4. Article 17.441, Code of Criminal Procedure, is
92	91		amended by adding Subsections (e) and (f) to read as follows:
93	92		(e) A magistrate that restricts a defendant to the operation
94	93		of a motor vehicle equipped with an ignition interlock device under
95	94		Subsection (a) or modifies the conditions of bond imposing the
96		-	restriction or the county clerk of the county in which the
97		-	magistrate is located shall submit to the Department of Public
98		-	Safety for inclusion in the central database maintained by the
99		-	department under Section 411.02091, Government Code:
	95	+	restriction shall submit to the Department of Public Safety for
	96	+	inclusion in the central database maintained by the department
	97	+	under Section 411.02091, Government Code:
100	98		(1) a copy of the order for conditions of bond imposing
101	99		the restriction or the order for modification of the conditions of
102	100		bond, as applicable; and
103	101		(2) the defendant's name, date of birth, and driver's
104	102		license number.
105	103		(f) If a defendant restricted to the operation of a motor
106	104		vehicle equipped with an ignition interlock device as a condition
107	105		of bond is convicted, placed on deferred adjudication community
108	106		supervision, or acquitted, or if the charges with respect to the
109		-	defendant are dismissed, the applicable court or the county clerk
110		-	of the county in which the applicable court is located shall submit
111		-	to the Department of Public Safety for inclusion in the central
112		-	database maintained by the department under Section 411.02091,
113		-	Government Code:
	107	+	defendant are dismissed, the applicable court shall submit to the
	108	+	Department of Public Safety for inclusion in the central database
	109	+	maintained by the department under Section 411.02091, Government
	110	+	Code:
114	111		(1) a copy of the applicable order; and
115	112		(2) the defendant's name, date of birth, and driver's
116	113		license number.
117	114		SECTION 5. Chapter 21, Code of Criminal Procedure, is
118	115		amended by adding Article 21.32 to read as follows:
119	116		Art. 21.32. SUBMISSION TO CENTRAL DATABASE CONCERNING
120	117		IGNITION INTERLOCK DEVICE OR ALCOHOL MONITORING CONDITION. A court
121	118		on receiving an indictment or information alleging an offense for
122	119		which the person was, as a condition of bond, restricted to the
123	120		operation of a motor vehicle equipped with an ignition interlock
124	121		device under Article 17.441 or required to submit to alcohol
125		-	monitoring under Article 17.44(a)(3) or the county clerk of the
126		-	county in which the court is located shall submit to the Department
	122	+	monitoring under Article 17.44(a)(3) shall submit to the Department
127	123		of Public Safety for inclusion in the central database maintained
128	124		by the department under Section 411.02091, Government Code, a
129	125		statement indicating:
130	126		(1) the defendant's name;
131	127		(2) the defendant's date of birth;
132	128		(3) the defendant's driver's license number; and
133	129		(4) whether the defendant remains subject to the
134	130		restriction or requirement, as applicable.
135	131		SECTION 6. Chapter 42, Code of Criminal Procedure, is
136	132		amended by adding Article 42.0184 to read as follows:
137	133		Art. 42.0184. NOTICE OF CERTAIN INTOXICATION OFFENSES
138	134		PROVIDED BY CLERK OF COURT. (a) If a defendant is convicted of an
139	135		offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07,
140	136		or 49.08, Penal Code, the court in which the conviction is entered
141	137		shall determine whether as a condition of bond the defendant was
142	138		previously:
143	139		(1) restricted to the operation of a motor vehicle
144	140		equipped with an ignition interlock device; or
145	141		(2) required to submit to alcohol monitoring through
146	142		the use of an alcohol monitoring device other than an ignition
147	143		interlock device.
148	144		(b) Not later than the fifth day after the date a defendant
149	145		is convicted of an offense under Section 49.04, 49.045, 49.05,
150	146		49.06, 49.065, 49.07, or 49.08, Penal Code, the clerk of the court
151		-	in which the conviction is entered or the county clerk of the county
152		-	in which the court is located shall submit to the Department of
	147	+	in which the conviction is entered shall submit to the Department of
153	148		Public Safety for inclusion in the central database maintained by
154	149		the department under Section 411.02091, Government Code:
155	150		(1) a copy of the order of conviction;
156	151		(2) a statement indicating the defendant's name, date
157	152		of birth, and driver's license number; and
158	153		(3) whether, as a condition of community supervision
159	154		or as otherwise ordered by the court as a result of the conviction,
160	155		the defendant:
161	156		(A) is restricted to the operation of a motor
162	157		vehicle equipped with an ignition interlock device; or
163	158		(B) is required to submit to alcohol monitoring
164	159		through the use of an alcohol monitoring device other than an
165	160		ignition interlock device.
166	161		SECTION 7. Article 42A.408, Code of Criminal Procedure, is
167	162		amended by adding Subsection (i) to read as follows:
168	163		(i) A court that restricts a defendant to the operation of a
169	164		motor vehicle equipped with an ignition interlock device under this
170	165		article as a condition of community supervision or modifies the
171	166		order imposing the restriction as a condition of community
172		-	supervision or the county clerk of the county in which the court is
173		-	located shall submit to the Department of Public Safety for
	167	+	supervision shall submit to the Department of Public Safety for
174	168		inclusion in the central database maintained by the department
175	169		under Section 411.02091, Government Code:
176	170		(1) a copy of the order imposing the restriction as a
177	171		condition of community supervision or the order for modification of
178	172		the conditions of community supervision, as applicable;
179	173		(2) the defendant's name, date of birth, and driver's
180	174		license number; and
181	175		(3) if applicable, the date the restriction expires.
182	176		SECTION 8. Subchapter I, Chapter 42A, Code of Criminal
183	177		Procedure, is amended by adding Article 42A.4085 to read as
184	178		follows:
185	179		Art. 42A.4085. ALCOHOL MONITORING AS CONDITION OF COMMUNITY
186	180		SUPERVISION; SUBMISSION TO CENTRAL DATABASE. (a) A judge
187	181		requiring the defendant as a condition of community supervision to
188	182		submit to alcohol monitoring through the use of an alcohol
189	183		monitoring device other than an ignition interlock device or
190		-	modifying an order requiring alcohol monitoring or the county clerk
191		-	of the county in which the court is located shall submit to the
	184	+	modifying an order requiring alcohol monitoring shall submit to the
192	185		Department of Public Safety for inclusion in the central database
193	186		maintained by the department under Section 411.02091, Government
194	187		Code:
195	188		(1) a copy of the order imposing the alcohol
196	189		monitoring as a condition of community supervision or the order
197	190		modifying the conditions of community supervision, as applicable;
198	191		(2) the defendant's name, date of birth, and driver's
199	192		license number; and
200	193		(3) if applicable, the date the requirement for
201	194		alcohol monitoring expires.
202	195		(b) This article does not apply to an order restricting a
203	196		defendant to operation of a motor vehicle equipped with an ignition
204	197		interlock device under Article 42A.408.
205	198		SECTION 9. Subchapter A, Chapter 411, Government Code, is
206	199		amended by adding Section 411.02091 to read as follows:
207	200		Sec. 411.02091. CENTRAL DATABASE OF DEFENDANTS RESTRICTED
208	201		TO USE OF MOTOR VEHICLE EQUIPPED WITH IGNITION INTERLOCK DEVICE OR
209	202		REQUIRED TO SUBMIT TO OTHER ALCOHOL MONITORING. (a) The department
210	203		shall maintain a computerized central database containing
211	204		information regarding defendants who are:
212	205		(1) restricted to the use of a motor vehicle equipped
213	206		with an ignition interlock device under Article 17.441 or 42A.408,
214	207		Code of Criminal Procedure, Section 49.09(h), Penal Code, or
215	208		Section 521.246, Transportation Code; or
216	209		(2) required under Article 17.44(a)(3), Code of
217	210		Criminal Procedure, or Chapter 42A of that code to submit to alcohol
218	211		monitoring through the use of an alcohol monitoring device other
219	212		than an ignition interlock device.
220	213		(b) The database must include:
221	214		(1) the name of each defendant restricted to the
222	215		operation of a motor vehicle equipped with an ignition interlock
223	216		device or required to submit to alcohol monitoring through the use
224	217		of an alcohol monitoring device other than an ignition interlock
225	218		device;
226	219		(2) the defendant's date of birth;
227	220		(3) the defendant's driver's license number; and
228	221		(4) if applicable, the date each restriction or
229	222		requirement expires.
230	223		(c) The department shall remove a defendant's name from the
231	224		central database under this section on the expiration of the
232	225		ignition interlock restriction or alcohol monitoring requirement
233	226		for that defendant or on other notification that the restriction or
234	227		requirement has been terminated.
235	228		(d) The central database under this section must:
236	229		(1) provide the information in a format that allows a
237	230		law enforcement agency to make the information available to a peace
238	231		officer through a mobile data terminal; and
239	232		(2) promptly reflect any updated information,
240	233		including modifications to a court's order, as necessary to ensure
241	234		a defendant whose ignition interlock restriction or alcohol
242	235		monitoring requirement has expired or been terminated is not
243	236		indicated through the mobile data terminal as a person who is
244	237		restricted to the operation of a motor vehicle equipped with an
245	238		ignition interlock device or required to submit to alcohol
246	239		monitoring through the use of an alcohol monitoring device other
247	240		than an ignition interlock device.
248	241		(e) In lieu of creating a separate central database under
249	242		this section, the department may comply with this section by
250	243		incorporating the information regarding the defendant into an
251	244		existing database or electronic record system maintained by the
252	245		department, including by adding the information to the defendant's
253	246		driver's license record, provided that the existing database or
254	247		system meets the requirements of Subsection (d).
255	248		(f) On receipt of a report under Article 2.33, Code of
256	249		Criminal Procedure, the department shall consult the database to
257	250		determine whether the person is subject to an ignition interlock
258	251		restriction or an alcohol monitoring requirement. If the
259	252		department determines that the person is subject to a restriction
260	253		or requirement, the department shall notify the court that imposed
261	254		the restriction or requirement of the suspected violation.
262	255		SECTION 10. Section 509.004(a), Government Code, is amended
263	256		to read as follows:
264	257		(a) The division shall require each department to:
265	258		(1) keep financial and statistical records determined
266	259		necessary by the division;
267	260		(2) submit a strategic plan and all supporting
268	261		information requested by the division;
269	262		(3) present data requested by the division as
270	263		necessary to determine the amount of state aid for which the
271	264		department is eligible; and
272	265		(4) submit periodic financial audits and statistical
273	266		reports to the division[; and
274	267		[(5) submit to the Department of Public Safety the
275	268		full name, address, date of birth, social security number, and
276	269		driver's license number of each person restricted to the operation
277	270		of a motor vehicle equipped with a device that uses a deep-lung
278	271		breath analysis mechanism to make impractical the operation of the
279	272		motor vehicle if ethyl alcohol is detected in the breath of the
280	273		restricted operator].
281	274		SECTION 11. Section 49.09(h), Penal Code, is amended to
282	275		read as follows:
283	276		(h) This subsection applies only to a person convicted of a
284	277		second or subsequent offense relating to the operating of a motor
285	278		vehicle while intoxicated committed within five years of the date
286	279		on which the most recent preceding offense was committed. The court
287	280		shall enter an order that requires the defendant to have an ignition
288	281		interlock [a] device installed, on each motor vehicle owned or
289	282		operated by the defendant, that uses a deep-lung breath analysis
290	283		mechanism to make impractical the operation of the motor vehicle if
291	284		ethyl alcohol is detected in the breath of the operator, and that
292	285		requires that before the first anniversary of the ending date of the
293	286		period of license suspension under Section 521.344, Transportation
294	287		Code, the defendant not operate any motor vehicle that is not
295	288		equipped with an ignition interlock [that] device. The court shall
296	289		require the defendant to obtain the ignition interlock device at
297	290		the defendant's own cost on or before that ending date, require the
298	291		defendant to provide evidence to the court on or before that ending
299	292		date that the ignition interlock device has been installed on each
300	293		appropriate vehicle, and order the ignition interlock device to
301	294		remain installed on each vehicle until the first anniversary of
302	295		that ending date. If the court determines the offender is unable to
303	296		pay for the ignition interlock device, the court may impose a
304	297		reasonable payment schedule not to extend beyond the first
305	298		anniversary of the date of installation. The Department of Public
306	299		Safety shall approve ignition interlock devices for use under this
307	300		subsection. Section 521.247, Transportation Code, applies to the
308	301		approval of an ignition interlock [a] device under this subsection
309	302		and the consequences of that approval. Failure to comply with an
310	303		order entered under this subsection is punishable by contempt. For
311	304		the purpose of enforcing this subsection, the court that enters an
312	305		order under this subsection retains jurisdiction over the defendant
313	306		until the date on which the ignition interlock device is no longer
314	307		required to remain installed. A court that restricts a defendant to
315	308		the operation of a motor vehicle equipped with an ignition
316		-	interlock device under this subsection or the ~~county clerk of the~~
317		-	~~county~~ in ~~which~~ the ~~court is located shall submit to the Department~~
318		-	~~of Public Safety for inclusion in~~ the ~~central database maintained~~
319		-	~~by the department under Section 411.02091, Government~~ Code, a copy
320		-	~~of the order imposing the restriction~~, the defendant's ~~name~~, the
321		-	~~defendant's date of birth, the defendant's driver's~~ license number,
322		-	~~and, if applicable, the date the restriction~~ expires. To the extent
323		-	~~of a conflict between this subsection and~~ Subchapter I, Chapter
324		-	~~42A, Code of Criminal Procedure, this~~ subsection controls.
	309	+	interlock device under this subsection shall submit to the
	310	+	Department of Public Safety for inclusion in the central database
	311	+	maintained by the department under Section 411.02091, Government
	312	+	Code, a copy of the order imposing the restriction, the defendant's
	313	+	name, the defendant's date of birth, the defendant's driver's
	314	+	license number, and, if applicable, the date the restriction
	315	+	expires. To the extent of a conflict between this subsection and
	316	+	Subchapter I, Chapter 42A, Code of Criminal Procedure, this
	317	+	subsection controls.
325	318		SECTION 12. Section 521.246, Transportation Code, is
326	319		amended by adding Subsection (g) to read as follows:
327	320		(g) A judge that restricts a person to the operation of a
328	321		motor vehicle equipped with an ignition interlock device under
329		-	Subsection (a) or modifies the order imposing the restriction or
330		-	the county clerk of the county in which the court is located shall
	322	+	Subsection (a) or modifies the order imposing the restriction shall
331	323		submit to the Department of Public Safety for inclusion in the
332	324		central database maintained by the department under Section
333	325		411.02091, Government Code:
334	326		(1) a copy of the order imposing the restriction or the
335	327		order for modification, as applicable;
336	328		(2) the defendant's name, date of birth, and driver's
337	329		license number; and
338	330		(3) if applicable, the date the restriction expires.
339	331		SECTION 13. The Department of Public Safety of the State of
340	332		Texas shall design and implement the central database required by
341	333		Section 411.02091, Government Code, as added by this Act, not later
342	334		than January 1, 2022.
343	335		SECTION 14. A peace officer is not required to make a report
344	336		under Article 2.33, Code of Criminal Procedure, as added by this
345	337		Act, before January 1, 2022.
346	338		SECTION 15. Articles 17.44, 17.441, and 42A.408, Code of
347	339		Criminal Procedure, Section 49.09, Penal Code, and Section 521.246,
348	340		Transportation Code, as amended by this Act, apply only to a
349	341		magistrate, court, or judge that orders that a defendant be
350	342		restricted to the operation of a motor vehicle equipped with an
351	343		ignition interlock device or requires a defendant to submit to
352	344		alcohol monitoring through the use of an alcohol monitoring device
353	345		other than an ignition interlock device on or after January 1, 2022.
354	346		A restriction or requirement ordered before January 1, 2022, is
355	347		governed by the law in effect immediately before the effective date
356	348		of this Act, and the former law is continued in effect for that
357	349		purpose.
358	350		SECTION 16. Article 21.32, Code of Criminal Procedure, as
359	351		added by this Act, applies only to an indictment or information
360	352		provided under that article on or after January 1, 2022. An
361	353		indictment or information provided under that article before
362	354		January 1, 2022, is governed by the law in effect immediately before
363	355		the effective date of this Act, and the former law is continued in
364	356		effect for that purpose.
365	357		SECTION 17. Articles 42.0184 and 42A.4085, Code of Criminal
366	358		Procedure, as added by this Act, apply only to a magistrate, court,
367	359		or judge that orders that a defendant be restricted to the operation
368	360		of a motor vehicle equipped with an ignition interlock device or
369	361		requires a defendant submit to alcohol monitoring through the use
370	362		of an alcohol monitoring device other than an ignition interlock
371	363		device on or after January 1, 2022. A restriction or requirement
372	364		ordered before January 1, 2022, is governed by the law in effect
373	365		immediately before the effective date of this Act, and the former
374	366		law is continued in effect for that purpose.
375	367		SECTION 18. Section 509.004(a), Government Code, as amended
376	368		by this Act, applies only to a restriction that is imposed on or
377	369		after January 1, 2022. A restriction imposed before January 1,
378	370		2022, is governed by the law in effect immediately before the
379	371		effective date of this Act, and the former law is continued in
380	372		effect for that purpose.
381	373		SECTION 19. This Act takes effect September 1, 2021.