Bill Text: TX HB117 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to ethyl alcohol monitoring as a condition of community supervision for certain intoxication offenses; authorizing the imposition of costs.
Sponsorship: Partisan Bill (Republican 2)
Status: (Engrossed - Dead) 2017-05-09 - Referred to Criminal Justice [HB117 Detail]
Download: Texas-2017-HB117-Engrossed.html
| 85R14993 JSC-D | ||
| By: White, Anderson of Dallas | H.B. No. 117 | |
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| relating to ethyl alcohol monitoring as a condition of community | ||
| supervision for certain intoxication offenses; authorizing the | ||
| imposition of costs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 42A.001, Code of Criminal Procedure, is | ||
| amended by adding Subdivision (3-a) to read as follows: | ||
| (3-a) "Ethyl alcohol monitoring device" means: | ||
| (A) a device worn by the defendant that detects | ||
| ethyl alcohol in the defendant's perspiration through transdermal | ||
| testing; or | ||
| (B) a portable ethyl alcohol detection device | ||
| carried by the defendant that: | ||
| (i) requires the defendant at specified or | ||
| random intervals to submit a breath sample; | ||
| (ii) analyzes and records the sample; | ||
| (iii) transmits the results of the | ||
| analysis; and | ||
| (iv) is capable of verifying that the | ||
| breath sample was provided by the defendant. | ||
| SECTION 2. Subchapter I, Chapter 42A, Code of Criminal | ||
| Procedure, is amended by adding Article 42A.4081 to read as | ||
| follows: | ||
| Art. 42A.4081. USE OF ETHYL ALCOHOL MONITORING DEVICE. (a) | ||
| This article applies to a defendant placed on community | ||
| supervision: | ||
| (1) for whom the judge may order or is required to | ||
| order the installation and use of an ignition interlock device | ||
| under Article 42A.408; or | ||
| (2) who is subject to an order under Section 49.09(h), | ||
| Penal Code, that requires the installation and use of an ignition | ||
| interlock device. | ||
| (b) A judge may require the defendant to submit to ethyl | ||
| alcohol monitoring under this article: | ||
| (1) if the defendant certifies that the defendant does | ||
| not own or have regular access to a motor vehicle; or | ||
| (2) in addition to the requirement that the defendant | ||
| install and use an ignition interlock device. | ||
| (c) In determining under Subsection (b)(2) whether to | ||
| require a defendant to submit to ethyl alcohol monitoring under | ||
| this article in addition to installing and using an ignition | ||
| interlock device, the court shall consider whether the defendant | ||
| has previously failed to comply with an order requiring the | ||
| installation and use of an ignition interlock device. | ||
| (d) The judge must specify the date by which the defendant | ||
| must begin wearing or using the ethyl alcohol monitoring device. | ||
| (e) The judge may revoke community supervision and order the | ||
| defendant to the term of confinement specified in the defendant's | ||
| sentence if: | ||
| (1) the defendant refuses to wear or use the ethyl | ||
| alcohol monitoring device; | ||
| (2) the defendant tampers with or otherwise attempts | ||
| to disable the device; | ||
| (3) the device shows that the defendant has violated a | ||
| condition of community supervision; or | ||
| (4) the defendant fails to pay the costs of ethyl | ||
| alcohol monitoring, if: | ||
| (A) payment is ordered under Subsection (f) as a | ||
| condition of community supervision; and | ||
| (B) the judge determines that the defendant is | ||
| not indigent and is financially able to make the payments as | ||
| ordered. | ||
| (f) The cost of the ethyl alcohol monitoring device may be | ||
| ordered paid as a condition of community supervision by the | ||
| defendant to the court or to the entity designated by the judge | ||
| under Subsection (g) or waived or reduced based on the defendant's | ||
| ability to pay. The court may impose a reasonable payment schedule | ||
| for the cost of the device, wholly or partly, as applicable, for a | ||
| period not to exceed twice the period of the court's order requiring | ||
| ethyl alcohol monitoring. | ||
| (g) The judge may designate an appropriate entity to verify | ||
| that the defendant is wearing or using the ethyl alcohol monitoring | ||
| device appropriately, and to monitor the device. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a defendant who is placed on community supervision on or after | ||
| the effective date of this Act, regardless of whether the offense | ||
| for which the defendant is placed on community supervision is | ||
| committed before, on, or after that date. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
