Bill Text: TX HB3477 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the suspension of a person's driver's license or permit on conviction of a fifth offense relating to the operating of a motor vehicle while intoxicated.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-12 - Postponed [HB3477 Detail]
Download: Texas-2011-HB3477-Comm_Sub.html
82R24362 JSC-D | |||
By: Carter | H.B. No. 3477 | ||
Substitute the following for H.B. No. 3477: | |||
By: Gallego | C.S.H.B. No. 3477 |
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relating to the suspension of a person's driver's license or permit | ||
on conviction of a fifth offense relating to the operating of a | ||
motor vehicle while intoxicated. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 49.09, Penal Code, is amended by adding | ||
Subsection (i) to read as follows: | ||
(i) Notwithstanding any other law, if it is shown at the | ||
trial of a person convicted of an offense under Section 49.04, | ||
49.045, 49.07, or 49.08 relating to the operating of a motor vehicle | ||
while intoxicated that the person has been previously convicted | ||
four or more times of any of those offenses, the court shall order | ||
the Department of Public Safety to suspend the person's driver's | ||
license or permit for a period of 10 years, or, if the person does | ||
not have a license or permit, to deny the issuance of a license or | ||
permit to the person until the 10th anniversary of the date of the | ||
order. To the extent of a conflict between this subsection and | ||
Section 13, Article 42.12, Code of Criminal Procedure, or | ||
Subchapter O, Chapter 521, Transportation Code, this subsection | ||
controls. | ||
SECTION 2. Sections 13(g), (j), and (k), Article 42.12, | ||
Code of Criminal Procedure, are amended to read as follows: | ||
(g) A jury that recommends community supervision for a | ||
person convicted of an offense under Sections 49.04-49.08, Penal | ||
Code, may recommend that any driver's license issued to the | ||
defendant under Chapter 521, Transportation Code, not be suspended. | ||
This subsection does not apply to a person: | ||
(1) who is punished under Section 49.09(a) or (b), | ||
Penal Code, and subject to Section 49.09(h) of that code; or | ||
(2) whose driver's license or permit is the subject of | ||
a court order issued under Section 49.09(i), Penal Code. | ||
(j) The judge shall require a defendant who is punished | ||
under Section 49.09, Penal Code, as a condition of community | ||
supervision, to attend and successfully complete an educational | ||
program for repeat offenders approved by the Texas Commission on | ||
Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug | ||
Abuse shall adopt rules and shall monitor, coordinate, and provide | ||
training to persons providing the educational programs. The Texas | ||
Commission on Alcohol and Drug Abuse is responsible for the | ||
administration of the certification of approved educational | ||
programs and may charge a nonrefundable application fee for initial | ||
certification of approval or for renewal of the certification. The | ||
judge may waive the educational program requirement only if the | ||
defendant by a motion in writing shows good cause. In determining | ||
good cause, the judge may consider the defendant's school and work | ||
schedule, the defendant's health, the distance that the defendant | ||
must travel to attend an educational program, and the fact that | ||
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license, or does not have access to transportation. The judge shall | ||
set out the finding of good cause in the judgment. If a defendant is | ||
required, as a condition of community supervision, to attend an | ||
educational program, the court clerk shall immediately report that | ||
fact to the Department of Public Safety, on a form prescribed by the | ||
department, for inclusion in the defendant's driving record. The | ||
report must include the beginning date of the defendant's community | ||
supervision. On the defendant's successful completion of the | ||
educational program for repeat offenders, the defendant's | ||
instructor shall give notice to the Department of Public Safety for | ||
inclusion in the defendant's driving record and to the community | ||
supervision and corrections department. The community supervision | ||
and corrections department shall then forward the notice to the | ||
court clerk for filing. If the Department of Public Safety does not | ||
receive notice that a defendant required to complete an educational | ||
program has successfully completed the program for repeat offenders | ||
within the period required by the judge, as shown on department | ||
records, the department shall revoke the defendant's driver's | ||
license, permit, or privilege or prohibit the defendant from | ||
obtaining a license or permit, as provided by Sections 521.344(e) | ||
and (f), Transportation Code. | ||
(k) Notwithstanding Sections 521.344(d)-(i), | ||
Transportation Code, if the judge, under Subsection (h) or (j) of | ||
this section, permits or requires a defendant punished under | ||
Section 49.09, Penal Code, to attend an educational program as a | ||
condition of community supervision, or waives the required | ||
attendance for such a program, and the defendant has previously | ||
been required to attend such a program, or the required attendance | ||
at the program had been waived, the judge, unless the person's | ||
driver's license or permit is the subject of a court order issued | ||
under Section 49.09(i), Penal Code, nonetheless shall order the | ||
suspension of the driver's license, permit, or operating privilege | ||
of that person for a period determined by the judge according to the | ||
following schedule: | ||
(1) not less than 90 days or more than 365 days, if the | ||
defendant is convicted under Sections 49.04-49.08, Penal Code; | ||
(2) not less than 180 days or more than two years, if | ||
the defendant is punished under Section 49.09(a) or (b), Penal | ||
Code; or | ||
(3) not less than one year or more than two years, if | ||
the person is convicted of a second or subsequent offense under | ||
Sections 49.04-49.08, Penal Code, committed within five years of | ||
the date on which the most recent preceding offense was committed. | ||
SECTION 3. Section 521.202, Transportation Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) The department may not issue a license to a person whose | ||
license or permit is the subject of a court order issued under | ||
Section 49.09(i), Penal Code, until the 10th anniversary of the | ||
date of the order. | ||
SECTION 4. Section 521.248, Transportation Code, is amended | ||
by amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) Except as provided by Subsection (b-1), the [ |
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person may not operate a motor vehicle for more than four hours in | ||
any 24-hour period, except that on a showing of necessity the court | ||
may allow the person to drive for any period determined by the court | ||
that does not exceed 12 hours in any 24-hour period. | ||
(b-1) A person whose license was suspended under Section | ||
49.09(i), Penal Code, may not operate a motor vehicle for more than | ||
four hours in any 24-hour period, except that on a showing of | ||
necessity the court may allow the person to drive for any period | ||
determined by the court that does not exceed nine hours in any | ||
24-hour period. | ||
SECTION 5. Sections 521.344(a) and (b), Transportation | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Sections 521.342(b) and 521.345, | ||
and by Subsections (d)-(i), if a person is convicted of an offense | ||
under Section 49.04, 49.045, or 49.07, Penal Code, the license | ||
suspension: | ||
(1) begins on a date set by the court that is not | ||
earlier than the date of the conviction or later than the 30th day | ||
after the date of the conviction, as determined by the court; and | ||
(2) continues for a period set by the court according | ||
to the following schedule: | ||
(A) not less than 90 days or more than one year, | ||
if the person is punished under Section 49.04, 49.045, or 49.07, | ||
Penal Code, except that if the person's license is suspended for a | ||
second or subsequent offense under Section 49.07 committed within | ||
five years of the date on which the most recent preceding offense | ||
was committed, the suspension continues for a period of one year; | ||
(B) not less than 180 days or more than two years, | ||
if the person is punished under Section 49.09(a) or (b), Penal Code; | ||
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(C) not less than one year or more than two years, | ||
if the person is punished under Section 49.09(a) or (b), Penal Code, | ||
and is subject to Section 49.09(h) of that code; or | ||
(D) 10 years, if the person's driver's license or | ||
permit is the subject of a court order issued under Section | ||
49.09(i), Penal Code. | ||
(b) Except as provided by Section 521.342(b), if a person is | ||
convicted of an offense under Section 49.08, Penal Code, the | ||
license suspension: | ||
(1) begins on a date set by the court that is not | ||
earlier than the date of the conviction or later than the 30th day | ||
after the date of the conviction, as determined by the court; and | ||
(2) continues for a period set by the court according | ||
to the following schedule: | ||
(A) [ |
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years, except that if the person's license is suspended for a second | ||
or subsequent offense under Section 49.08, Penal Code, committed | ||
within 10 years of the date on which the most recent preceding | ||
offense was committed, the suspension continues for a period set by | ||
the court of not less than one year or more than two years; or | ||
(B) 10 years, if the person's driver's license or | ||
permit is the subject of a court order issued under Section | ||
49.09(i), Penal Code. | ||
SECTION 6. The change in law made by this Act applies only | ||
to the trial of an offense committed on or after the effective date | ||
of this Act. The trial of an offense committed before the effective | ||
date of this Act is governed by the law in effect on the date 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 7. This Act takes effect September 1, 2011. |