Bill Text: TX SB231 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the permanent revocation of a person's driver's license or permit on conviction of a second offense relating to the operating of a motor vehicle while intoxicated.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-31 - Referred to Criminal Justice [SB231 Detail]
Download: Texas-2011-SB231-Introduced.html
82R1117 GCB-D | ||
By: Nelson | S.B. No. 231 |
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relating to the permanent revocation of a person's driver's license | ||
or permit on conviction of a second 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 one | ||
or more times of any of those offenses, the court shall order the | ||
Department of Public Safety to permanently revoke the person's | ||
driver's license or permit, or, if the person does not have a | ||
license or permit, to permanently deny the issuance of a license or | ||
permit to the person. To the extent of a conflict between this | ||
subsection and Section 13, Article 42.12, Code of Criminal | ||
Procedure, 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 521.027, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 521.027. PERSONS EXEMPT FROM LICENSE REQUIREMENT. (a) | ||
The following persons are exempt from the license requirement | ||
imposed under this chapter: | ||
(1) a person in the service of the state military | ||
forces or the United States while the person is operating an | ||
official motor vehicle in the scope of that service; | ||
(2) a person while the person is operating a road | ||
machine, farm tractor, or implement of husbandry on a highway, | ||
unless the vehicle is a commercial motor vehicle under Section | ||
522.003; | ||
(3) a nonresident on active duty in the armed forces of | ||
the United States who holds a license issued by the person's state | ||
or Canadian province of residence; and | ||
(4) a person who is the spouse or dependent child of a | ||
nonresident exempt under Subdivision (3) and who holds a license | ||
issued by the person's state or Canadian province of residence. | ||
(b) A person exempted under this section from the license | ||
requirement imposed by this chapter may not operate a motor vehicle | ||
on a public street or highway in this state 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 4. 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. | ||
SECTION 5. Section 521.242, Transportation Code, is amended | ||
by adding Subsection (g) to read as follows: | ||
(g) A court may not grant an occupational license to a | ||
person whose driver's license or permit is the subject of a court | ||
order issued under Section 49.09(i), Penal Code. | ||
SECTION 6. Section 521.294, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE | ||
REVOCATION. The department shall revoke the person's license if | ||
the department determines that the person: | ||
(1) is incapable of safely operating a motor vehicle; | ||
(2) has not complied with the terms of a citation | ||
issued by a jurisdiction that is a party to the Nonresident Violator | ||
Compact of 1977 for a traffic violation to which that compact | ||
applies; | ||
(3) has failed to provide medical records or has | ||
failed to undergo medical or other examinations as required by a | ||
panel of the medical advisory board; | ||
(4) has failed to pass an examination required by the | ||
director under this chapter; | ||
(5) has been reported by a court under Section | ||
521.3452 for failure to appear unless the court files an additional | ||
report on final disposition of the case; | ||
(6) has been reported within the preceding two years | ||
by a justice or municipal court for failure to appear or for a | ||
default in payment of a fine for a misdemeanor punishable only by | ||
fine, other than a failure reported under Section 521.3452, | ||
committed by a person who is at least 14 years of age but younger | ||
than 17 years of age when the offense was committed, unless the | ||
court files an additional report on final disposition of the case; | ||
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(7) has committed an offense in another state or | ||
Canadian province that, if committed in this state, would be | ||
grounds for revocation; or | ||
(8) holds a license or permit that is the subject of a | ||
court order issued under Section 49.09(i), Penal Code. | ||
SECTION 7. Section 521.312, Transportation Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) The department may not reinstate a license revoked under | ||
Section 49.09(i), Penal Code. | ||
SECTION 8. Sections 521.344(a), (b), (c), and (d), | ||
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, and the person's | ||
license is not revoked under Section 49.09(i), 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[ |
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(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; | ||
or | ||
(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. | ||
(b) Except as provided by Section 521.342(b), if a person is | ||
convicted of an offense under Section 49.08, Penal Code, and the | ||
person's license is not revoked under Section 49.09(i), 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 of not less | ||
than 180 days or more than two years[ |
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(c) The court shall credit toward the period of suspension a | ||
suspension imposed on the person for refusal to give a specimen | ||
under Chapter 724 if the refusal followed an arrest for the same | ||
offense for which the court is suspending the person's license | ||
under this chapter. The court may not extend the credit to a | ||
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Section 521.342(b). | ||
(d) Except as provided by Subsection (e) and Section | ||
521.342(b), during a period of community supervision, [ |
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the department may not revoke the person's license if the person is | ||
required under Section 13(h) or (j), Article 42.12, Code of | ||
Criminal Procedure, to successfully complete an educational | ||
program designed to rehabilitate persons who have operated motor | ||
vehicles while intoxicated, unless the person was punished under | ||
Section 49.09(a) or (b), Penal Code, and was subject to Section | ||
49.09(h) of that code or the person's license or permit is the | ||
subject of a court order issued under Section 49.09(i), Penal Code. | ||
The department may not revoke the license of a person: | ||
(1) for whom the jury has recommended that the license | ||
not be revoked under Section 13(g), Article 42.12, Code of Criminal | ||
Procedure; or | ||
(2) who is placed under community supervision under | ||
that article and is required as a condition of community | ||
supervision to not operate a motor vehicle unless the vehicle is | ||
equipped with the device described by Section 13(i) of that | ||
article, unless the person was punished under Section 49.09(a) or | ||
(b), Penal Code, and was subject to Section 49.09(h) [ |
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that code. | ||
SECTION 9. Section 524.015, Transportation Code, is amended | ||
by amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) Except as provided by Subsections (b) and (c) | ||
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affect a driver's license suspension under this chapter and does | ||
not bar any matter in issue in a driver's license suspension | ||
proceeding under this chapter. | ||
(c) If the disposition of a criminal charge results in a | ||
conviction with respect to which the person's driver's license or | ||
permit is the subject of a court order issued under Section | ||
49.09(i), Penal Code, the department shall make a note in the | ||
person's computerized driving record that the person's license or | ||
permit is permanently revoked. | ||
SECTION 10. 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 occurred | ||
before that date. | ||
SECTION 11. This Act takes effect September 1, 2011. |