86R3117 GCB-D
	By: Moody	H.B. No. 1022

	A BILL TO BE ENTITLED
	AN ACT
	relating to the reporting of and access to information about
	defendants restricted to the operation of a motor vehicle with an
	ignition interlock device.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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) shall submit the name of the defendant and the date
	the restriction expires to the Department of Public Safety for
	inclusion in the Texas Crime Information Center database.
	SECTION 2.  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 shall submit the name of the defendant and the date the
	restriction expires to the Department of Public Safety for
	inclusion in the Texas Crime Information Center database.
	SECTION 3.  Subchapter A, Chapter 411, Government Code, is
	amended by adding Section 411.02092 to read as follows:
	Sec. 411.02092.  TEXAS CRIME INFORMATION CENTER DATABASE:
	DEFENDANTS RESTRICTED TO USE OF MOTOR VEHICLE EQUIPPED WITH
	IGNITION INTERLOCK. (a)  The department shall include in the Texas
	Crime Information Center database:
	(1)  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, and the date each restriction expires; and
	(2)  the information provided to the department by a
	vendor of an ignition interlock device under Section 521.2476,
	Transportation Code, for each defendant described by Subdivision
	(1) for whom the vendor has installed an ignition interlock device
	on the appropriate vehicle.
	(b)  The department shall ensure that a defendant's name is
	removed from the Texas Crime Information Center database on the
	expiration of the ignition interlock restriction for that
	defendant.
	(c)  The Texas Crime Information Center database must:
	(1)  provide the information on a defendant restricted
	to the operation of a motor vehicle equipped with an ignition
	interlock device 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 as
	necessary to ensure a defendant whose ignition interlock
	restriction has expired 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.
	SECTION 4.  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[; and
	[(5)     submit to the Department of Public Safety the
	full name, address, date of birth, social security number, and
	driver's license number of each person restricted to the operation
	of a motor vehicle equipped with a device 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
	restricted operator].
	SECTION 5.  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 [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 an ignition interlock [that] device. The court shall
	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 [a] device under this subsection
	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 the name of the
	defendant and the date the restriction expires to the Department of
	Public Safety for inclusion in the Texas Crime Information Center
	database. To the extent of a conflict between this subsection and
	Subchapter I, Chapter 42A, Code of Criminal Procedure, this
	subsection controls.
	SECTION 6.  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) shall submit the name of the person and the date the
	restriction expires to the Department of Public Safety for
	inclusion in the Texas Crime Information Center database.
	SECTION 7.  Section 521.2476(b), Transportation Code, is
	amended to read as follows:
	(b)  The minimum standards shall require each vendor to:
	(1)  be authorized by the department to do business in
	this state;
	(2)  install an ignition interlock [a] device only if
	the ignition interlock device is approved under Section 521.247;
	(3)  obtain liability insurance providing coverage for
	damages arising out of the operation or use of ignition interlock
	devices in amounts and under the terms specified by the department;
	(4)  install the ignition interlock device and activate
	any anticircumvention feature of the ignition interlock device
	within a reasonable time after the vendor receives notice that
	installation is ordered by a court;
	(4-a) submit to the department for inclusion in the
	Texas Crime Information Center database the make, model, vehicle
	identification number, and license plate number of the motor
	vehicle on which the vendor installs the ignition interlock device,
	and the name of the person who is the subject of the court order
	requiring installation of the ignition interlock device on the
	motor vehicle;
	(5)  install and inspect the ignition interlock device
	in accordance with any applicable court order;
	(6)  repair or replace an ignition interlock [a] device
	not later than 48 hours after receiving notice of a complaint
	regarding the operation of the ignition interlock device;
	(7)  submit a written report of any violation of a court
	order to that court and to the person's supervising officer, if any,
	not later than 48 hours after the vendor discovers the violation;
	(8)  maintain a record of each action taken by the
	vendor with respect to each ignition interlock device installed by
	the vendor, including each action taken as a result of an attempt to
	circumvent the ignition interlock device, until at least the fifth
	anniversary after the date of installation;
	(9)  make a copy of the record available for inspection
	by or send a copy of the record to any court, supervising officer,
	or the department on request; and
	(10)  annually provide to the department a written
	report of each service and ignition interlock device feature made
	available by the vendor.
	SECTION 8.  Articles 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 on or after the effective date of this
	Act. A restriction ordered before the effective date of this Act is
	governed by the law in effect on the date the restriction was
	ordered, and the former law is continued in effect for that purpose.
	SECTION 9.  Section 521.2476, Transportation Code, as
	amended by this Act, applies only to the installation of an ignition
	interlock device that occurs on or after the effective date of this
	Act. An installation that occurs before the effective date of this
	Act is governed by the law in effect on the date the installation
	occurred, and the former law is continued in effect for that
	purpose.
	SECTION 10.  This Act takes effect September 1, 2019.