Bill Text: TX HB2733 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
87R9689 LHC-D | ||
By: Tinderholt | H.B. No. 2733 |
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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 reasonable 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, [ |
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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; [ |
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(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; [ |
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(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, [ |
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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, [ |
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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 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 | ||
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 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 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) 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 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 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 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[ |
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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 [ |
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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 [ |
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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 [ |
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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 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 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. |