By: Tinderholt, King of Parker, White, H.B. No. 2733
Bowers, et al.
A BILL TO BE ENTITLED
AN ACT
relating to defendants restricted to the operation of a vehicle
equipped with an ignition interlock device or required to submit to
alcohol monitoring and establishing a central database of those
defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.33 to read as follows:
Art. 2.33. REPORT REQUIRED FOR VIOLATION OF REQUIREMENT
RELATING TO IGNITION INTERLOCK DEVICE OR OTHER ALCOHOL MONITORING
DEVICE. A peace officer shall make a report to the Department of
Public Safety if the peace officer has probable cause to believe
that a person has violated:
(1) a condition of bond imposed under Article 17.441,
a condition of community supervision imposed under Article 42A.408,
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), Penal Code, 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(a)(3) or a condition of community supervision imposed under
Chapter 42A requiring the person to submit to alcohol monitoring
through the use of an alcohol monitoring device other than an
ignition interlock device.
SECTION 2. 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 3. Article 17.44, Code of Criminal Procedure, is
amended by amending Subsections (a), (c), and (e) and adding
Subsections (f) and (g) 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
defendant 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 reimbursement fee for 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 a reimbursement fee or ordered paid directly by the
defendant as a condition of bond.
(f) A magistrate that requires the defendant to submit to
alcohol monitoring under Subsection (a)(3) as a condition of bond
or modifies the conditions of bond imposing the requirement or the
county clerk of the county in which the magistrate is located 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 for conditions of bond imposing
the alcohol monitoring requirement or the order for modification of
the conditions of bond, as applicable; and
(2) the defendant's name, date of birth, and driver's
license number.
(g) If a defendant required to submit to alcohol monitoring
as a condition of bond is convicted, placed on deferred
adjudication community supervision, or acquitted, or if the charges
with respect to the defendant are dismissed, the applicable court
or the county clerk of the county in which the applicable court is
located 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 applicable order; and
(2) the defendant's name, date of birth, and driver's
license number.
SECTION 4. Article 17.441, Code of Criminal Procedure, is
amended by adding Subsections (e) and (f) 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 conditions of bond imposing the
restriction or the county clerk of the county in which the
magistrate is located 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 for conditions of bond imposing
the restriction or the order for modification of the conditions of
bond, as applicable; and
(2) the defendant's name, date of birth, and driver's
license number.
(f) If a defendant restricted to the operation of a motor
vehicle equipped with an ignition interlock device as a condition
of bond is convicted, placed on deferred adjudication community
supervision, or acquitted, or if the charges with respect to the
defendant are dismissed, the applicable court or the county clerk
of the county in which the applicable court is located 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 applicable order; and
(2) the defendant's name, date of birth, and driver's
license number.
SECTION 5. 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 required to submit to alcohol
monitoring under Article 17.44(a)(3) or the county clerk of the
county in which the court is located 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:
(1) the defendant's name;
(2) the defendant's date of birth;
(3) the defendant's driver's license number; and
(4) whether the defendant remains subject to the
restriction or requirement, as applicable.
SECTION 6. 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 as a condition of bond the defendant was
previously:
(1) restricted to the operation of a motor vehicle
equipped with an ignition interlock device; or
(2) required to submit to alcohol monitoring through
the use of an alcohol monitoring device other than an ignition
interlock device.
(b) Not later than the fifth day after the date 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 clerk of the court
in which the conviction is entered or the county clerk of the county
in which the court is located 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;
(2) a statement indicating the defendant's name, date
of birth, and driver's license number; and
(3) whether, as a condition of community supervision
or as otherwise ordered by the court as a result of the conviction,
the defendant:
(A) is restricted to the operation of a motor
vehicle equipped with an ignition interlock device; or
(B) is required to submit to alcohol monitoring
through the use of an alcohol monitoring device other than an
ignition interlock device.
SECTION 7. 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 as a condition of community supervision or modifies the
order imposing the restriction as a condition of community
supervision or the county clerk of the county in which the court is
located 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 as a
condition of community supervision or the order for modification of
the conditions of community supervision, as applicable;
(2) the defendant's name, date of birth, and driver's
license number; and
(3) if applicable, the date the restriction expires.
SECTION 8. Subchapter I, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.4085 to read as
follows:
Art. 42A.4085. ALCOHOL MONITORING AS CONDITION OF COMMUNITY
SUPERVISION; SUBMISSION TO CENTRAL DATABASE. (a) A judge
requiring the defendant as a condition of community supervision to
submit to alcohol monitoring through the use of an alcohol
monitoring device other than an ignition interlock device or
modifying an order requiring alcohol monitoring or the county clerk
of the county in which the court is located 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 alcohol
monitoring as a condition of community supervision or the order
modifying the conditions of community supervision, as applicable;
(2) the defendant's name, date of birth, and driver's
license number; and
(3) 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 9. 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 SUBMIT TO OTHER ALCOHOL MONITORING. (a) The department
shall maintain a computerized central database containing
information regarding defendants who are:
(1) restricted to the use 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
(2) required under Article 17.44(a)(3), Code of
Criminal Procedure, or Chapter 42A of that code to submit to alcohol
monitoring through the use of an alcohol monitoring device other
than an ignition interlock device.
(b) The database must include:
(1) the name of each defendant restricted to the
operation of a motor vehicle equipped with an ignition interlock
device or required to submit to alcohol monitoring through the use
of an alcohol monitoring device other than an ignition interlock
device;
(2) the defendant's date of birth;
(3) the defendant's driver's license number; and
(4) if applicable, the date each restriction or
requirement expires.
(c) The department shall remove a defendant's name from the
central database under this section 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 under this section 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 required to submit to alcohol
monitoring through the use of an alcohol monitoring device other
than an ignition interlock device.
(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).
(f) On receipt of a report under Article 2.33, Code of
Criminal Procedure, the department shall consult the database to
determine whether the person is subject to an ignition interlock
restriction or an alcohol monitoring requirement. If the
department determines that the person is subject to a restriction
or requirement, the department shall notify the court that imposed
the restriction or requirement of the suspected violation.
SECTION 10. 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 11. 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 or the county clerk of the
county in which the court is located 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, the defendant's driver's license number,
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 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 or
the county clerk of the county in which the court is located 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, date of birth, and driver's
license number; 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, 2022.
SECTION 14. A peace officer is not required to make a report
under Article 2.33, Code of Criminal Procedure, as added by this
Act, before January 1, 2022.
SECTION 15. 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 submit to
alcohol monitoring through the use of an alcohol monitoring device
other than an ignition interlock device on or after January 1, 2022.
A restriction or requirement ordered before January 1, 2022, 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. 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, 2022. An
indictment or information provided under that article before
January 1, 2022, 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. 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 submit to alcohol monitoring through the use
of an alcohol monitoring device other than an ignition interlock
device on or after January 1, 2022. A restriction or requirement
ordered before January 1, 2022, 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 18. Section 509.004(a), Government Code, as amended
by this Act, applies only to a restriction that is imposed on or
after January 1, 2022. A restriction imposed before January 1,
2022, 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 19. This Act takes effect September 1, 2021.