Bill Text: TX HB2733 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed - Dead) 2021-05-10 - Referred to Criminal Justice [HB2733 Detail]

Download: Texas-2021-HB2733-Engrossed.html
 
 
  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.
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