Bill Text: TX HB833 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the administration of educational programs for persons placed on community supervision for certain intoxication offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-09 - Committee report sent to Calendars [HB833 Detail]
Download: Texas-2017-HB833-Comm_Sub.html
85R22789 GCB-D | |||
By: King of Parker | H.B. No. 833 | ||
Substitute the following for H.B. No. 833: | |||
By: Moody | C.S.H.B. No. 833 |
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relating to the administration of educational programs for persons | ||
placed on community supervision for certain intoxication offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42A.403, Code of Criminal Procedure, is | ||
amended by amending Subsections (a) and (d) and adding Subsection | ||
(a-1) to read as follows: | ||
(a) A judge who places on community supervision a defendant | ||
convicted of an offense under Sections 49.04-49.08, Penal Code, | ||
shall require as a condition of community supervision that the | ||
defendant [ |
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after the date community supervision is granted, an educational | ||
program designed to rehabilitate persons who have driven while | ||
intoxicated that is jointly approved by: | ||
(1) the Texas Department of Licensing and Regulation | ||
[ |
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(2) the Department of Public Safety; | ||
(3) the traffic safety section of the traffic | ||
operations division of the Texas Department of Transportation; and | ||
(4) the community justice assistance division of the | ||
Texas Department of Criminal Justice. | ||
(a-1) The educational program approved under Subsection (a) | ||
may be provided through classroom instruction or through an online | ||
format approved by the Texas Department of Licensing and Regulation | ||
for administration over the Internet. | ||
(d) In determining good cause, the judge may consider but is | ||
not limited to: | ||
(1) the defendant's school and work schedule; | ||
(2) the defendant's health; and | ||
(3) if an educational program is not available to the | ||
defendant in an online format administered over the Internet: | ||
(A) the distance that the defendant must travel | ||
to attend an educational program provided through classroom | ||
instruction; and | ||
(B) [ |
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of state, does not have a valid driver's license, or does not have | ||
access to transportation. | ||
SECTION 2. Article 42A.406(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) If a defendant is required as a condition of community | ||
supervision to successfully complete [ |
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program under Article 42A.403 or 42A.404, or if the court waives the | ||
educational program requirement under Article 42A.403, 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. If the court grants | ||
an extension of time in which the defendant may complete the | ||
educational program under Article 42A.403, the court clerk shall | ||
immediately report that fact to the Department of Public Safety on a | ||
form prescribed by the department. The clerk's report under this | ||
subsection must include the beginning date of the defendant's | ||
community supervision. | ||
SECTION 3. Article 42A.407(c), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(c) If the Department of Public Safety receives notice that | ||
a defendant has been required to successfully complete [ |
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subsequent educational program under Article 42A.403 or attend a | ||
subsequent educational program under Article 42A.404, although the | ||
previously required educational program [ |
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waived, but the judge has not ordered a period of suspension, the | ||
department shall: | ||
(1) suspend the defendant's driver's license; or | ||
(2) issue an order prohibiting the defendant from | ||
obtaining a license for a period of one year. | ||
SECTION 4. Section 521.342(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department shall suspend for one year the license of | ||
a person who is under 21 years of age and is convicted of an offense | ||
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, | ||
regardless of whether the person is required to successfully | ||
complete [ |
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Code of Criminal Procedure, that is designed to rehabilitate | ||
persons who have operated motor vehicles while intoxicated, unless | ||
the person is placed under community supervision under Chapter 42A, | ||
Code of Criminal Procedure, and is required as a condition of the | ||
community supervision to not operate a motor vehicle unless the | ||
vehicle is equipped with the device described by Article 42A.408 of | ||
that chapter. If the person is required to successfully complete | ||
[ |
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program before the end of the person's suspension, the department | ||
shall suspend the person's license or continue the suspension, as | ||
appropriate, until the department receives proof that the person | ||
has successfully completed the program. On the person's | ||
successful completion of the program, the person's instructor shall | ||
give notice to the department and to the community supervision and | ||
corrections department in the manner provided by Article | ||
42A.406(b), Code of Criminal Procedure. | ||
SECTION 5. Section 521.344(h), Transportation Code, is | ||
amended to read as follows: | ||
(h) The hearing shall be held in a municipal or justice | ||
court in the county of the person's residence in the manner provided | ||
for a suspension hearing under Subchapter N. The issues to be | ||
determined at the hearing are whether the person has successfully | ||
completed a required educational program and whether the period for | ||
completion of the program has passed. If the presiding officer | ||
determines that the educational program has not been completed and | ||
the period for completion has passed, the officer shall confirm the | ||
revocation or prohibition and shall notify the department of that | ||
fact. The director may not revoke or prohibit the license if the | ||
officer finds that the program has been completed, that, before the | ||
hearing, the court that originally imposed the requirement to | ||
successfully complete [ |
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an extension that has not expired, or that the period for completion | ||
has not passed. If the person or the person's agent fails to appear | ||
at the hearing, the department shall revoke the person's license | ||
until the department receives notice of successful completion of | ||
the educational program. | ||
SECTION 6. The change in law made by this Act applies to a | ||
person who is placed on community supervision on or after the | ||
effective date of this Act, regardless of whether the underlying | ||
conduct giving rise to the placement on community supervision | ||
occurred before, on, or after that date. | ||
SECTION 7. This Act takes effect September 1, 2017. |