Bill Text: TX HB3029 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the conditions for release on bond of a defendant charged with certain intoxication offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-12 - Left pending in committee [HB3029 Detail]
Download: Texas-2011-HB3029-Introduced.html
82R10138 JSC-D | ||
By: Smith of Harris | H.B. No. 3029 |
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relating to the conditions for release on bond of a defendant | ||
charged with certain intoxication offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 17.441, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION | ||
INTERLOCK DEVICE. (a) Except as provided by Subsection (b), a | ||
magistrate shall require on release that a defendant charged with a | ||
subsequent offense under Section 49.04, 49.045, 49.05, or 49.06 | ||
[ |
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Section 49.07 or 49.08 of that code: | ||
(1) have installed on the motor vehicle owned by the | ||
defendant or on the vehicle most regularly driven by the defendant, | ||
an ignition interlock [ |
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analysis mechanism to make impractical the operation of a motor | ||
vehicle if ethyl alcohol is detected in the breath of the operator; | ||
and | ||
(2) not operate any motor vehicle unless the vehicle | ||
is equipped with that device. | ||
(b) The magistrate may not require the installation of the | ||
ignition interlock device if the magistrate finds that to require | ||
the device would not be in the best interest of justice. | ||
(c) If the defendant is required to have the ignition | ||
interlock device installed, the magistrate shall require that the | ||
defendant have the device installed on the appropriate motor | ||
vehicle, at the defendant's expense, before the 30th day after the | ||
date the defendant is released on bond. | ||
(d) The magistrate may designate an appropriate agency to | ||
verify the installation of the ignition interlock device and to | ||
monitor the device. If the magistrate designates an agency under | ||
this subsection, in each month during which the agency verifies the | ||
installation of the device or provides a monitoring service, the | ||
defendant shall pay a fee to the designated agency in the amount set | ||
by the magistrate. The defendant shall pay the initial fee at the | ||
time the agency verifies the installation of the device. In each | ||
subsequent month during which the defendant is required to pay a | ||
fee, the defendant shall pay the fee on the first occasion in that | ||
month that the agency provides a monitoring service. The | ||
magistrate shall set the fee in an amount not to exceed $10 as | ||
determined by the county auditor, or by the commissioners court of | ||
the county if the county does not have a county auditor, to be | ||
sufficient to cover the cost incurred by the designated agency in | ||
conducting the verification, [ |
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service, or both, as applicable in that county. | ||
SECTION 2. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Article 17.442 to read as follows: | ||
Art. 17.442. CONDITIONS REQUIRING ALCOHOL TESTING. (a) | ||
This article applies only to a defendant who: | ||
(1) is charged with a subsequent offense under Section | ||
49.04, 49.045, 49.05, or 49.06, Penal Code, or with an offense under | ||
Section 49.07 or 49.08 of that code; and | ||
(2) does not own or regularly operate a motor vehicle. | ||
(b) A magistrate may require a defendant described by | ||
Subsection (a) as a condition of release to submit to alcohol | ||
testing at the defendant's expense, including by: | ||
(1) wearing an alcohol monitoring device that provides | ||
continuous remote alcohol monitoring and is not intended to be | ||
removed by the defendant; or | ||
(2) obtaining a deep-lung breath analysis mechanism | ||
that detects ethyl alcohol on the defendant's breath and using the | ||
mechanism at intervals prescribed by the court. | ||
(c) If the magistrate requires the defendant to wear an | ||
alcohol monitoring device under this article, the magistrate must | ||
specify the date by which the defendant must have the device secured | ||
to the defendant. If the magistrate requires the defendant to | ||
obtain and use a breath analysis mechanism under this article, the | ||
magistrate must specify the date by which the defendant must obtain | ||
and begin using the mechanism. | ||
(d) The magistrate may revoke the bond and order the | ||
defendant arrested if the court finds, after notice and an | ||
opportunity for a hearing, that: | ||
(1) the defendant refused to wear an alcohol | ||
monitoring device, if required by the court; | ||
(2) the defendant failed to obtain and use a breath | ||
analysis mechanism, if required by the court; | ||
(3) the defendant tampered with or otherwise attempted | ||
to disable an alcohol monitoring device or breath analysis | ||
mechanism; | ||
(4) an alcohol monitoring device, breath analysis | ||
mechanism, or other testing method showed that the defendant | ||
violated a condition of bond; | ||
(5) the defendant otherwise did not submit to alcohol | ||
testing; or | ||
(6) the defendant failed to pay the costs of alcohol | ||
testing, including the costs of an alcohol monitoring device, a | ||
breath analysis mechanism, or a monitoring service for the device | ||
or mechanism, if: | ||
(A) payment was ordered under Subsection (e) as a | ||
condition of bond; and | ||
(B) the magistrate determines that the defendant | ||
is not indigent and is financially able to make the payments as | ||
ordered. | ||
(e) The costs of alcohol testing, including, as applicable, | ||
the costs of the alcohol monitoring device or breath analysis | ||
mechanism and monitoring services for the device or mechanism may | ||
be: | ||
(1) assessed as a cost of court; | ||
(2) ordered paid as a condition of bond by the | ||
defendant to: | ||
(A) the court; | ||
(B) the agency designated by the magistrate under | ||
Subsection (f); or | ||
(C) the service provider or providers; or | ||
(3) waived or reduced. | ||
(f) The magistrate may designate an appropriate agency or | ||
service provider to: | ||
(1) secure an alcohol monitoring device to a defendant | ||
or verify that a defendant is wearing the device, or verify that a | ||
defendant has obtained a breath analysis mechanism, as applicable; | ||
and | ||
(2) monitor the defendant's use of alcohol as | ||
specified by the court, including by providing a monitoring service | ||
for: | ||
(A) an alcohol monitoring device worn by a | ||
defendant; or | ||
(B) a breath analysis mechanism used by a | ||
defendant. | ||
(g) If the magistrate designates an agency or service | ||
provider under Subsection (f), in each month during which the | ||
agency or service provider secures an alcohol monitoring device to | ||
a defendant or verifies that a defendant is wearing the device, | ||
verifies that a defendant has obtained a breath analysis mechanism, | ||
or otherwise monitors the defendant's use of alcohol, as | ||
applicable, and in each month during which the agency or service | ||
provider provides a monitoring service, the defendant shall pay a | ||
fee to the agency or service provider in an amount set by the | ||
magistrate, unless the magistrate has waived or reduced the fee. In | ||
each month during which the defendant is required to pay a fee, the | ||
defendant shall pay the fee on the first occasion in that month that | ||
the agency or service provider secures an alcohol monitoring | ||
device, verifies a device or mechanism, or provides a monitoring | ||
service. The magistrate shall set the fee in an amount not to | ||
exceed $10 as determined by the county auditor, or by the | ||
commissioners court of the county if the county does not have a | ||
county auditor, to be sufficient to cover the costs incurred by the | ||
agency or service provider in securing the device, conducting the | ||
verification, or providing the monitoring service, as applicable in | ||
that county. | ||
SECTION 3. Subchapter B, Chapter 103, Government Code, is | ||
amended by adding Section 103.0217 to read as follows: | ||
Sec. 103.0217. ADDITIONAL FEES IN CERTAIN CRIMINAL CASES: | ||
CODE OF CRIMINAL PROCEDURE. A defendant who is ordered by the court | ||
to wear an alcohol monitoring device, obtain and use a breath | ||
analysis mechanism, or otherwise submit to alcohol testing under | ||
Article 17.442, Code of Criminal Procedure, shall pay a fee in an | ||
amount set by a magistrate not to exceed $10 in each month that the | ||
designated agency or service provider secures an alcohol monitoring | ||
device, verifies a device or mechanism, or provides a monitoring | ||
service. | ||
SECTION 4. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
covered by the law in effect when the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this section, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
SECTION 5. This Act takes effect September 1, 2011. |