SECTION 2. Section 13(i), Article 42.12,
Code of Criminal Procedure, is amended to read as follows:
(i) If a person convicted of an offense
under Sections 49.04-49.08, Penal Code, is placed on
community supervision, the court may 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 it is shown on the trial of the offense that
an analysis of a specimen of the person's blood, breath,
or urine showed an alcohol concentration level of 0.15
or more at the time the analysis was performed, or
if the person is convicted of an offense under
Sections 49.04-49.06, Penal Code, and punished under
Section 49.09(a) or (b), Penal Code, or of a second
or subsequent offense under Section 49.07 or 49.08,
Penal Code, and the person after conviction of either
offense 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 unless the vehicle is equipped with
that device. Before placing on community supervision
a person convicted of an offense under Sections 49.04-49.08,
Penal Code, the court shall determine from criminal
history record information maintained by the Department
of Public Safety whether the person has one or more
previous convictions under Sections 49.04-49.08, Penal
Code, or has one previous conviction under Sections
49.04-49.07, Penal Code, or one previous conviction
under Section 49.08, Penal Code. If it is shown
on the trial of the offense that an analysis of a specimen
of the person's blood, breath, or urine showed an alcohol
concentration level of 0.15 or more at the time the
analysis was performed, or if the court determines
that the person has one or more such previous convictions,
the court shall require as a condition of community
supervision that the defendant have that device installed
on the motor vehicle owned by the defendant or on the
vehicle most regularly driven by the defendant and
that the defendant not operate any motor vehicle unless
the vehicle is equipped with the device described in
this subsection. The court 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 offender is unable
to pay for the 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 section, if a person is required
to operate a motor vehicle in the course and scope
of the person's employment and if the vehicle is owned
by the employer, the person may 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 person whose
driving privilege has been restricted. A previous
conviction may not be used for purposes of restricting
a person to the operation of a motor vehicle equipped
with an interlock ignition device under this subsection
if:
(1) the previous conviction was a final
conviction under Section 49.04, 49.045, 49.05,
49.06, 49.07, or 49.08, Penal Code, and was for an
offense committed more than 10 years before the instant
offense for which the person was convicted and placed
on community supervision; and
(2) the person has not been convicted
of an offense under Section 49.04, 49.045, 49.05,
49.06, 49.07, or 49.08 of that code, committed within
10 years before the date on which the instant offense
for which the person was convicted and placed on community
supervision.
SECTION 3. Sections 49.09(e) and (f),
Penal Code, are repealed.
SECTION 4. The changes in law made by
this Act apply only to the penalty or the terms of
community supervision for an offense under Chapter
49, Penal Code, that is committed on or after the effective
date of this Act. The penalty and the terms of community
supervision for an offense under Chapter 49, Penal
Code, that was committed before the effective date
of this Act are covered by the law in effect when 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the
House
I certify that H.B. No. 51 was passed by
the House on May 11, 2005, by a non-record vote; and
that the House concurred in Senate amendments to H.B.
No. 51 on May 27, 2005, by a non-record vote.
______________________________
Chief Clerk of the
House
I certify that H.B. No. 51 was passed by
the Senate, with amendments, on May 25, 2005, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor