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AN ACT
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relating to the restriction of certain intoxication offenders to |
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the operation of a motor vehicle with an ignition interlock device |
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in lieu of a license suspension. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (o) to read as follows: |
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(o) Notwithstanding any other provision of this section, a |
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defendant whose license is suspended for an offense under Sections |
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49.04-49.08, Penal Code, may operate a motor vehicle during the |
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period of suspension if the defendant: |
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(1) obtains and uses an ignition interlock device as |
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provided by Subsection (i) for the entire period of the suspension; |
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and |
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(2) applies for and receives an occupational driver's |
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license with an ignition interlock designation under Section |
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521.2465, Transportation Code. |
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SECTION 2. Section 49.09(h), Penal Code, is amended to read |
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as follows: |
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(h) This subsection applies only to a person convicted of a |
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second or subsequent offense relating to the operating of a motor |
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vehicle while intoxicated committed within five years of the date |
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on which the most recent preceding offense was committed. The court |
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shall enter an order that requires the defendant to have a device |
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installed, on each motor vehicle owned or operated by the |
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defendant, that uses a deep-lung breath analysis mechanism to make |
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impractical the operation of the motor vehicle if ethyl alcohol is |
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detected in the breath of the operator, and that requires that |
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before the first anniversary of the ending date of the period of |
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license suspension under Section 521.344, Transportation Code, the |
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defendant not operate any motor vehicle that is not equipped with |
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that device. The court shall require the defendant to obtain the |
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device at the defendant's own cost on or before that ending date, |
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require the defendant to provide evidence to the court on or before |
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that ending date that the device has been installed on each |
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appropriate vehicle, and order the device to remain installed on |
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each vehicle until the first anniversary of that ending date. If |
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the court determines the offender is unable to pay for the device, |
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the court may impose a reasonable payment schedule not to extend |
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beyond the first anniversary of the date of installation. The |
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Department of Public Safety shall approve devices for use under |
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this subsection. Section 521.247, Transportation Code, applies to |
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the approval of a device under this subsection and the consequences |
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of that approval. Failure to comply with an order entered under |
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this subsection is punishable by contempt. For the purpose of |
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enforcing this subsection, the court that enters an order under |
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this subsection retains jurisdiction over the defendant until the |
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date on which the device is no longer required to remain installed. |
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To the extent of a conflict between this subsection and Section 13 |
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[13(i)], Article 42.12, Code of Criminal Procedure, this subsection |
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controls. |
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SECTION 3. Section 521.242(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person whose license has been suspended for a cause |
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other than a physical or mental disability or impairment or a |
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conviction of an offense under Sections 49.04-49.08 [Section
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49.04], Penal Code, may apply for an occupational license by filing |
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a verified petition with the clerk of a justice, county, or district |
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court with jurisdiction that includes the precinct or county in |
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which: |
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(1) the person resides; or |
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(2) the offense occurred for which the license was |
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suspended. |
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SECTION 4. Section 521.243(a), Transportation Code, is |
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amended to read as follows: |
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(a) The clerk of the court shall send by certified mail to |
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the attorney representing the state a copy of the petition and |
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notice of the hearing if the petitioner's license was suspended |
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following a conviction for: |
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(1) an offense under Section 19.05 or Sections |
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49.04-49.08, [49.04, 49.07, or 49.08,] Penal Code; or |
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(2) an offense to which Section 521.342 applies. |
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SECTION 5. Section 521.244, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) A person convicted of an offense under Sections |
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49.04-49.08, Penal Code, who is restricted to the operation of a |
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motor vehicle equipped with an ignition interlock device is |
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entitled to receive an occupational license without a finding that |
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an essential need exists for that person, provided that the person |
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shows: |
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(1) evidence of financial responsibility under |
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Chapter 601; and |
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(2) proof the person has had an ignition interlock |
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device installed on each motor vehicle owned or operated by the |
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person. |
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SECTION 6. Sections 521.246(a), (b), (d), and (f), |
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Transportation Code, are amended to read as follows: |
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(a) If the person's license has been suspended after a |
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conviction of an offense under Sections 49.04-49.08 [Section 49.04,
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49.07, or 49.08], Penal Code, the judge[, before signing an order,] |
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shall [determine from the criminal history record information
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maintained by the department whether the person has any previous
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conviction under those laws.
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[(b) As part of the order the judge may] restrict the person |
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to the operation of a motor vehicle equipped with an ignition |
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interlock device [if the judge determines that the person's license
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has been suspended following a conviction under Section 49.04,
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49.07, or 49.08, Penal Code. As part of the order, the judge shall
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restrict the person to the operation of a motor vehicle equipped
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with an ignition interlock device if the judge determines that:
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[(1)
the person has two or more convictions under any
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combination of Section 49.04, 49.07, or 49.08, Penal Code; or
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[(2)
the person's license has been suspended after a
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conviction under Section 49.04, Penal Code, for which the person
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has been punished under Section 49.09, Penal Code]. |
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(d) The court shall order the ignition interlock device to |
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remain installed for the duration of the period of suspension [at
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least half of the period of supervision]. |
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(f) A previous conviction may not be used for purposes of |
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restricting a person to the operation of a motor vehicle equipped |
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with an interlock ignition device under this section if: |
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(1) the previous conviction was a final conviction for |
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an offense under Sections 49.04-49.08 [Section 49.04, 49.07, or
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49.08], Penal Code, and was for an offense committed more than 10 |
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years before the instant offense for which the person was |
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convicted; and |
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(2) the person has not been convicted of an offense |
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under Sections 49.04-49.08 [Section 49.04, 49.07, or 49.08] of that |
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code committed within 10 years before the date on which the instant |
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offense for which the person was convicted. |
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SECTION 7. Section 521.2465, Transportation Code, is |
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amended to read as follows: |
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Sec. 521.2465. RESTRICTED LICENSE. (a) On receipt of |
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notice that a person has been restricted to the use of a motor |
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vehicle equipped with an ignition interlock device, the department |
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shall notify that person that the person's driver's license expires |
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on the 30th day after the date of the notice. On application by the |
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person and payment of a fee of $10, the department shall issue a |
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special restricted license that conspicuously indicates that |
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[authorizes] the person is authorized to operate only a motor |
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vehicle equipped with an ignition interlock device. |
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(b) On receipt of a copy of a court order removing the |
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restriction or at the end of the period of suspension, as |
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applicable, the department shall issue the person a driver's |
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license without the restriction. |
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SECTION 8. Section 521.248, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) A person who is restricted to the operation of a motor |
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vehicle equipped with an ignition interlock device may not be |
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subject to any time of travel, reason for travel, or location of |
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travel restrictions described by Subsection (a)(1), (2), or (3) or |
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(b). |
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SECTION 9. Section 521.251, Transportation Code, is amended |
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by amending Subsections (c) and (d) and adding Subsection (d-1) to |
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read as follows: |
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(c) If the person's driver's license has been suspended as a |
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result of a conviction of an offense under Sections 49.04-49.08 |
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[Section 49.04, 49.07, or 49.08], Penal Code, during the five years |
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preceding the date of the person's arrest, the order may not take |
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effect before the 181st day after the effective date of the |
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suspension. |
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(d) Notwithstanding any other provision in this section, if |
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the person's driver's license has been suspended as a result of a |
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second or subsequent conviction under Sections 49.04-49.08 |
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[Section 49.04, 49.07, or 49.08], Penal Code, committed within five |
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years of the date on which the most recent preceding offense was |
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committed, an order granting the person an occupational license may |
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not take effect before the first anniversary of the effective date |
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of the suspension. |
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(d-1) Notwithstanding Subsections (b), (c), and (d), the |
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court may issue an occupational license to a person if the person |
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submits proof the person has an ignition interlock device installed |
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on each motor vehicle owned or operated by the person. If a person |
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issued an occupational license under this subsection fails to |
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maintain an installed ignition interlock device on each motor |
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vehicle owned or operated by the person, the court shall revoke the |
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occupational license under Section 521.252 and reinstate the |
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suspension of the person's driver's license. A person granted an |
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occupational license under this subsection may not be ordered to |
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submit to the supervision of the local community supervision and |
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corrections department under Section 521.2462, unless the order is |
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entered by a court of record. |
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SECTION 10. The change in law made by this Act applies only |
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to a person whose driver's license is suspended on or after the |
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effective date of this Act, regardless of whether the underlying |
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incident giving rise to the suspension occurred before, on, or |
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after that date. |
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SECTION 11. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2246 was passed by the House on May 5, |
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2015, by the following vote: Yeas 143, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2246 was passed by the Senate on May |
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27, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |