Bill Text: TX HB364 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to required alcohol monitoring and ignition interlock devices ordered by a court and a central database of those orders; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-04-01 - Referred to Criminal Justice [HB364 Detail]
Download: Texas-2019-HB364-Comm_Sub.html
Bill Title: Relating to required alcohol monitoring and ignition interlock devices ordered by a court and a central database of those orders; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-04-01 - Referred to Criminal Justice [HB364 Detail]
Download: Texas-2019-HB364-Comm_Sub.html
86R16109 GCB-D | |||
By: Tinderholt, Moody | H.B. No. 364 | ||
Substitute the following for H.B. No. 364: | |||
By: Paul | C.S.H.B. No. 364 |
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relating to required alcohol monitoring and ignition interlock | ||
devices ordered by a court and a central database of those orders; | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 2. Articles 17.44(a), (c), and (e), Code of | ||
Criminal Procedure, are amended 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 | ||
person 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 costs of electronic monitoring, | ||
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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 court costs or ordered paid directly by the defendant | ||
as a condition of bond. | ||
SECTION 3. Article 17.441, Code of Criminal Procedure, is | ||
amended by adding Subsection (e) 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 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; and | ||
(2) the defendant's name and date of birth. | ||
SECTION 4. 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 ordered to submit to alcohol | ||
monitoring by any other alcohol monitoring device under Article | ||
17.44 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 the defendant's | ||
name, the defendant's date of birth, and whether the defendant | ||
remains subject to the restriction or condition. | ||
SECTION 5. 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 the defendant was previously restricted to | ||
the operation of a motor vehicle equipped with an ignition | ||
interlock device or ordered to submit to alcohol monitoring by any | ||
other alcohol monitoring device as a condition of bond. | ||
(b) Not later than the fifth day after the date a person | ||
described by Subsection (a) is convicted of the offense, 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; and | ||
(2) a statement indicating the defendant's name, the | ||
defendant's date of birth, and whether the defendant remains | ||
subject to the restriction or condition following the conviction. | ||
SECTION 6. 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 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 and date of birth; and | ||
(3) if applicable, the date the restriction expires. | ||
SECTION 7. Subchapter I, Chapter 42A, Code of Criminal | ||
Procedure, is amended by adding Article 42A.4085 to read as | ||
follows: | ||
Art. 42A.4085. SUBMISSION OF ALCOHOL MONITORING COMMUNITY | ||
SUPERVISION CONDITION TO CENTRAL DATABASE. (a) A judge ordering | ||
alcohol monitoring as a condition of community supervision or | ||
modifying an order for 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 court's order imposing the condition | ||
or the order for modification, as applicable; and | ||
(2) the defendant's name, the defendant's date of | ||
birth, and, 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 8. 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 USE OTHER ALCOHOL MONITORING DEVICE. (a) The | ||
department shall maintain a computerized central database | ||
containing information regarding defendants who are restricted to | ||
the use of a motor vehicle equipped with an ignition interlock | ||
device or ordered to use any other alcohol monitoring device. | ||
(b) The database must include the name of each defendant | ||
restricted to the operation 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 required to use an alcohol | ||
monitoring device under Article 17.44, Code of Criminal Procedure, | ||
or Chapter 42A of that code, the defendant's date of birth, and, if | ||
applicable, the date each restriction expires. | ||
(c) The department shall remove a defendant's name from the | ||
central database 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 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 subject to alcohol monitoring. | ||
SECTION 9. 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 10. 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, 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 11. Chapter 49, Penal Code, is amended by adding | ||
Section 49.091 to read as follows: | ||
Sec. 49.091. VIOLATION OF REQUIREMENT RELATING TO IGNITION | ||
INTERLOCK DEVICE OR OTHER ALCOHOL MONITORING DEVICE. (a) A person | ||
commits an offense if the person violates: | ||
(1) a condition of bond imposed under Article 17.441, | ||
Code of Criminal Procedure, a condition of community supervision | ||
imposed under Article 42A.408, Code of Criminal Procedure, 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) 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, | ||
Code of Criminal Procedure, or a condition of community supervision | ||
imposed under Chapter 42A of that code requiring the use of an | ||
alcohol monitoring device other than an ignition interlock device. | ||
(b) An offense under this section is a Class C misdemeanor. | ||
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 and date of birth; 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, 2020. | ||
SECTION 14. 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 use any other | ||
alcohol monitoring device on or after January 1, 2020. A | ||
restriction or requirement ordered before January 1, 2020, 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 15. 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, 2020. An | ||
indictment or information provided under that article before | ||
January 1, 2020, 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. 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 to use any other alcohol monitoring device on | ||
or after January 1, 2020. A restriction or requirement ordered | ||
before January 1, 2020, 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. The change in law made by this Act in adding | ||
Section 49.091, Penal Code, applies only to a condition of bond or | ||
community supervision imposed, or a court order issued, on or after | ||
the effective date of this Act. A condition imposed or court order | ||
issued before the effective date of this Act is governed by the law | ||
in effect on the date the condition was imposed or the order was | ||
issued, and the former law is continued in effect for that purpose. | ||
SECTION 18. This Act takes effect September 1, 2019. |