Bill Text: TX HB3521 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-20 - Referred to Criminal Jurisprudence [HB3521 Detail]
Download: Texas-2013-HB3521-Introduced.html
83R9062 JSC-F | ||
By: Carter | H.B. No. 3521 |
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relating to requiring the use of an ignition interlock device on | ||
conviction of certain intoxication offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Todd Levin | ||
Memorial Act. | ||
SECTION 2. Section 13(i), Article 42.12, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(i) If a court places on community supervision a defendant | ||
convicted of an offense under Section 49.04 or 49.045, Penal Code, | ||
or an offense under Section 49.07 or 49.08, Penal Code, that | ||
involves the operation of a motor vehicle, the court shall require | ||
as a condition of community supervision that the defendant have a | ||
device installed, on the motor vehicle owned by the defendant or on | ||
the vehicle most regularly driven 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 the defendant not operate any motor | ||
vehicle that is not equipped with that device. If a court places on | ||
community supervision a defendant [ |
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under Section 49.05, 49.06, or 49.065 [ |
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Code, or an offense under Section 49.07 or 49.08, Penal Code, that | ||
does not involve the operation of a motor vehicle [ |
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community supervision that the defendant have the [ |
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installed[ |
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motor vehicle that is not equipped with that device. If it is shown | ||
on the trial of an [ |
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49.065, Penal Code, that an analysis of a specimen of the | ||
defendant's [ |
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concentration level of 0.15 or more at the time the analysis was | ||
performed, or if the defendant [ |
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under one of those sections [ |
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punished under Section 49.09(a) or (b), Penal Code, or is convicted | ||
of a second or subsequent offense under Section 49.07 or 49.08, | ||
Penal Code, that did not involve the operation of a motor vehicle, | ||
and the defendant [ |
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is placed on community supervision, the court shall require as a | ||
condition of community supervision that the defendant have the | ||
device installed on the appropriate vehicle and that the defendant | ||
not operate any motor vehicle that [ |
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equipped with that device. Before placing on community | ||
supervision a defendant [ |
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Section 49.05, 49.06, or 49.065 [ |
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or an offense under Section 49.07 or 49.08, Penal Code, that did not | ||
involve the operation of a motor vehicle, the court shall determine | ||
from criminal history record information maintained by the | ||
Department of Public Safety whether the defendant [ |
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or more previous convictions that result in restricting the | ||
defendant to the operation of a motor vehicle equipped with a device | ||
under this subsection. If the court requires the defendant to have | ||
the device installed, the [ |
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shall require the defendant to obtain the device at the defendant's | ||
own cost before the 30th day after the date of conviction unless the | ||
court finds that to do so would not be in the best interest of | ||
justice and enters its findings on record. The court shall require | ||
the defendant to provide evidence to the court within the 30-day | ||
period that the device has been installed on the appropriate | ||
vehicle and order the device to remain installed on that vehicle for | ||
a period not less than 50 percent of the supervision period. If the | ||
court determines the defendant [ |
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device, the court may impose a reasonable payment schedule not to | ||
exceed twice the period of the court's order. The Department of | ||
Public Safety shall approve devices for use under this subsection. | ||
Section 521.247, Transportation Code, applies to the approval of a | ||
device under this subsection and the consequences of that approval. | ||
Notwithstanding the provisions of this subsection [ |
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defendant [ |
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course and scope of the defendant's [ |
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vehicle is owned by the employer, the defendant [ |
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operate that vehicle without installation of an approved ignition | ||
interlock device if the employer has been notified of that driving | ||
privilege restriction and if proof of that notification is with the | ||
vehicle. This employment exemption does not apply, however, if the | ||
business entity that owns the vehicle is owned or controlled by the | ||
defendant [ |
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previous conviction may not be used for purposes of restricting a | ||
defendant [ |
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with an ignition interlock [ |
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if: | ||
(1) the previous conviction was a final conviction | ||
under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, | ||
Penal Code, and was for an offense committed more than 10 years | ||
before the instant offense for which the defendant [ |
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convicted and placed on community supervision; and | ||
(2) the defendant [ |
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an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, | ||
49.07, or 49.08 of that code, committed within 10 years before the | ||
date on which the instant offense for which the defendant [ |
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was convicted and placed on community supervision. | ||
SECTION 3. Section 521.246, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT. (a) | ||
If the person's license has been suspended after a conviction under | ||
Section 49.04 or 49.045, Penal Code, or under Section 49.07 or 49.08 | ||
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motor vehicle in the commission of the offense, as [ |
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restrict the person to the operation of a motor vehicle equipped | ||
with an ignition interlock device [ |
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(b) [ |
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device at the person's own expense unless the court finds that to do | ||
so is not in the best interest of justice and enters that finding in | ||
the record. If the court determines that the person is unable to | ||
pay for the device, the court may impose a reasonable payment | ||
schedule for a term not to exceed twice the period of the court's | ||
order. | ||
(c) [ |
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device to remain installed for at least half of the period of | ||
supervision. | ||
(d) [ |
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a motor vehicle without the installation of an approved ignition | ||
interlock device if: | ||
(1) the person is required to operate a motor vehicle | ||
in the course and scope of the person's employment; | ||
(2) the vehicle is owned by the person's employer; | ||
(3) the employer is not owned or controlled by the | ||
person whose driving privilege is restricted; | ||
(4) the employer is notified of the driving privilege | ||
restriction; and | ||
(5) proof of that notification is with the vehicle. | ||
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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 | ||
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 was | ||
committed before that date. | ||
SECTION 5. This Act takes effect September 1, 2013. |