Bill Text: TX HB982 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to creating an offense for failure to install and maintain an ignition interlock device for persons convicted of certain intoxication offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-12 - Left pending in committee [HB982 Detail]
Download: Texas-2011-HB982-Introduced.html
82R3840 JSC-D | ||
By: Carter | H.B. No. 982 |
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relating to creating an offense for failure to install and maintain | ||
an ignition interlock device for persons convicted of certain | ||
intoxication offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 a device | ||
installed, on each motor vehicle owned or 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 | ||
that device. The court shall require the defendant to obtain the | ||
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 device has been installed on each | ||
appropriate vehicle, and order the 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 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 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. [ |
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To the extent of a conflict between this subsection and Section | ||
13(i), Article 42.12, Code of Criminal Procedure, this subsection | ||
controls. | ||
SECTION 2. Chapter 49, Penal Code, is amended by adding | ||
Section 49.095 to read as follows: | ||
Sec. 49.095. FAILURE TO COMPLY WITH COURT ORDER REQUIRING | ||
IGNITION INTERLOCK DEVICE. (a) A person who is convicted of an | ||
offense under this chapter and required by a court order under | ||
Section 49.09(h) to install and keep an ignition interlock device | ||
on a vehicle for a specified period commits an offense if the person | ||
knowingly: | ||
(1) fails to install the device by the date specified | ||
in the court order; or | ||
(2) fails to keep the device installed on the vehicle | ||
during the period specified in the court order. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
SECTION 3. This Act takes effect September 1, 2011. |