| 1 | 1 | | 88R13704 CJD-F |
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| 2 | 2 | | By: Reynolds H.B. No. 2915 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the offense of providing or requesting or allowing |
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| 8 | 8 | | another to provide a breath specimen for an ignition interlock |
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| 9 | 9 | | device; creating a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 38, Penal Code, is amended by adding |
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| 12 | 12 | | Section 38.20 to read as follows: |
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| 13 | 13 | | Sec. 38.20. PROVIDING BREATH SPECIMEN FOR IGNITION |
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| 14 | 14 | | INTERLOCK DEVICE. (a) In this section: |
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| 15 | 15 | | (1) "Ignition interlock device" has the meaning |
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| 16 | 16 | | assigned by Article 42A.408, Code of Criminal Procedure. |
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| 17 | 17 | | (2) "Offense relating to the operating of a motor |
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| 18 | 18 | | vehicle while intoxicated," "offense of operating an aircraft while |
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| 19 | 19 | | intoxicated," "offense of operating a watercraft while |
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| 20 | 20 | | intoxicated," and "offense of operating or assembling an amusement |
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| 21 | 21 | | ride while intoxicated" have the meanings assigned by Section |
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| 22 | 22 | | 49.09. |
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| 23 | 23 | | (b) A person commits an offense if the person: |
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| 24 | 24 | | (1) is restricted to the operation of a motor vehicle |
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| 25 | 25 | | equipped with an ignition interlock device under Article 17.441 or |
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| 26 | 26 | | 42A.408, Code of Criminal Procedure, Section 521.246, |
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| 27 | 27 | | Transportation Code, or Section 49.09(h) of this code; |
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| 28 | 28 | | (2) requests or allows another person to provide a |
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| 29 | 29 | | breath specimen for the ignition interlock device installed on the |
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| 30 | 30 | | motor vehicle owned or most regularly driven by the actor; and |
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| 31 | 31 | | (3) subsequently operates the motor vehicle equipped |
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| 32 | 32 | | with the ignition interlock device without first providing the |
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| 33 | 33 | | actor's own breath specimen. |
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| 34 | 34 | | (c) A person commits an offense if the person: |
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| 35 | 35 | | (1) intentionally or knowingly provides a breath |
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| 36 | 36 | | specimen for an ignition interlock device installed on the motor |
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| 37 | 37 | | vehicle of another person who the actor knows is restricted to the |
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| 38 | 38 | | operation of a motor vehicle equipped with an ignition interlock |
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| 39 | 39 | | device under Article 17.441 or 42A.408, Code of Criminal Procedure, |
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| 40 | 40 | | Section 521.246, Transportation Code, or Section 49.09(h) of this |
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| 41 | 41 | | code; and |
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| 42 | 42 | | (2) knows that the person who is restricted to the |
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| 43 | 43 | | operation of a motor vehicle equipped with the ignition interlock |
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| 44 | 44 | | device intends to subsequently operate the motor vehicle without |
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| 45 | 45 | | providing the person's own breath specimen. |
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| 46 | 46 | | (d) An offense under Subsection (b) is a Class A |
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| 47 | 47 | | misdemeanor, except that the offense is a felony of the third degree |
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| 48 | 48 | | if it is shown on the trial of the offense that: |
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| 49 | 49 | | (1) the defendant has previously been convicted: |
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| 50 | 50 | | (A) one time of an offense under Section 49.08 or |
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| 51 | 51 | | an offense under the laws of another state if the offense contains |
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| 52 | 52 | | elements that are substantially similar to the elements of an |
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| 53 | 53 | | offense under Section 49.08; or |
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| 54 | 54 | | (B) two times of any offense, other than an |
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| 55 | 55 | | offense described by Paragraph (A), relating to the operating of a |
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| 56 | 56 | | motor vehicle while intoxicated, operating an aircraft while |
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| 57 | 57 | | intoxicated, operating a watercraft while intoxicated, or |
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| 58 | 58 | | operating or assembling an amusement ride while intoxicated; or |
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| 59 | 59 | | (2) at the time of the offense, the defendant was |
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| 60 | 60 | | released on bond or on community supervision for an offense under |
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| 61 | 61 | | Section 49.045, 49.07, or 49.08. |
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| 62 | 62 | | (e) An offense under Subsection (c) is a Class C |
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| 63 | 63 | | misdemeanor, except that the offense is a Class A misdemeanor if it |
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| 64 | 64 | | is shown on the trial of the offense that the defendant has |
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| 65 | 65 | | previously been convicted of an offense under Subsection (c). |
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| 66 | 66 | | SECTION 2. This Act takes effect September 1, 2023. |
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