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  H.B. No. 3582
 
 
 
 
AN ACT
  relating to the punishment for certain intoxication offenses, the
  conditions of bond for defendants charged with certain intoxication
  offenses, and the eligibility for deferred adjudication community
  supervision of defendants who committed certain intoxication
  offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.441(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  Except as provided by Subsection (b), a magistrate shall
  require on release that a defendant charged with a subsequent
  offense under Section 49.04, 49.05, or 49.06 [Sections
  49.04-49.06], Penal Code, or an offense under Section 49.045,
  49.07, or 49.08 of that code:
               (1)  have installed on the motor vehicle owned by the
  defendant or on the vehicle most regularly driven by the defendant,
  a device that uses a deep-lung breath analysis mechanism to make
  impractical the operation of a motor vehicle if ethyl alcohol is
  detected in the breath of the operator; and
               (2)  not operate any motor vehicle unless the vehicle
  is equipped with that device.
         SECTION 2.  Article 42A.102(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  In all other cases, the judge may grant deferred
  adjudication community supervision unless:
               (1)  the defendant is charged with an offense:
                     (A)  under Section 49.045, 49.05, 49.065, 49.07,
  or 49.08 [Sections 49.04-49.08], Penal Code; [or]
                     (B)  under Section 49.04 or 49.06, Penal Code,
  and, at the time of the offense:
                           (i)  the defendant held a commercial
  driver's license or a commercial learner's permit; or
                           (ii)  the defendant's alcohol concentration,
  as defined by Section 49.01, Penal Code, was 0.15 or more;
                     (C)  for which punishment may be increased under
  Section 49.09, Penal Code; or
                     (D)  for which punishment may be increased under
  Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
  is shown that the defendant has been previously convicted of an
  offense for which punishment was increased under any one of those
  subsections;
               (2)  the defendant:
                     (A)  is charged with an offense under Section
  21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
  victim, or a felony described by Article 42A.453(b); and
                     (B)  has previously been placed on community
  supervision for an offense under Paragraph (A);
               (3)  the defendant is charged with an offense under:
                     (A)  Section 21.02, Penal Code; or
                     (B)  Section 22.021, Penal Code, that is
  punishable under Subsection (f) of that section or under Section
  12.42(c)(3) or (4), Penal Code; or
               (4)  the defendant is charged with an offense under
  Section 19.02, Penal Code, except that the judge may grant deferred
  adjudication community supervision on determining that the
  defendant did not cause the death of the deceased, did not intend to
  kill the deceased or another, and did not anticipate that a human
  life would be taken.
         SECTION 3.  Article 42A.408, Code of Criminal Procedure, is
  amended by adding Subsections (e-1) and (e-2) to read as follows:
         (e-1)  Except as provided by Subsection (e-2), a judge
  granting deferred adjudication community supervision to a
  defendant for an offense under Section 49.04 or 49.06, Penal Code,
  shall require that the defendant as a condition of community
  supervision have an ignition interlock 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 that is not equipped with that device.  If
  the judge determines that the defendant is unable to pay for the
  ignition interlock device, the judge may impose a reasonable
  payment schedule, as provided by Subsection (f).  If the defendant
  provides the court evidence under Section 708.158, Transportation
  Code, sufficient to establish that the defendant is indigent for
  purposes of that section, the judge may enter in the record a
  finding that the defendant is indigent and reduce the costs to the
  defendant by ordering a waiver of the installation charge for the
  ignition interlock device and a 50 percent reduction of the monthly
  device monitoring fee. A reduction in costs ordered under this
  subsection does not apply to any fees that may be assessed against
  the defendant if the ignition interlock device detects ethyl
  alcohol on the breath of the person attempting to operate the motor
  vehicle.
         (e-2)  A judge may waive the ignition interlock requirement
  under Subsection (e-1) for a defendant if, based on a controlled
  substance and alcohol evaluation of the defendant, the judge
  determines and enters in the record that restricting the defendant
  to the use of an ignition interlock is not necessary for the safety
  of the community. 
         SECTION 4.  Section 411.072(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to a person who:
               (1)  was placed on deferred adjudication community
  supervision under Subchapter C, Chapter 42A, Code of Criminal
  Procedure, for a misdemeanor other than a misdemeanor:
                     (A)  under:
                           (i)  Section 49.04 or 49.06, Penal Code; or
                           (ii)  Chapter 20, 21, 22, 25, 42, 43, 46, or
  71, Penal Code; or
                     (B)  with respect to which an affirmative finding
  under Article 42A.105(f), Code of Criminal Procedure, or former
  Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
  in the papers of the case; and
               (2)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than a traffic offense that is punishable by fine only.
         SECTION 5.  Section 411.0725(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to a person placed on deferred
  adjudication community supervision under Subchapter C, Chapter
  42A, Code of Criminal Procedure, who:
               (1)  is not eligible to receive an order of
  nondisclosure of criminal history record information under Section
  411.072; and
               (2)  was placed on deferred adjudication community
  supervision for an offense other than an offense under Section
  49.04 or 49.06, Penal Code.
         SECTION 6.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0726 to read as follows:
         Sec. 411.0726.  PROCEDURE FOR DEFERRED ADJUDICATION
  COMMUNITY SUPERVISION; CERTAIN DRIVING WHILE INTOXICATED AND
  BOATING WHILE INTOXICATED MISDEMEANORS.  (a)  This section applies
  only to a person who was placed on deferred adjudication community
  supervision under Subchapter C, Chapter 42A, Code of Criminal
  Procedure, for a misdemeanor:
               (1)  under Section 49.04 or 49.06, Penal Code; and
               (2)  with respect to which no affirmative finding under
  Article 42A.105(f), Code of Criminal Procedure, was filed in the
  papers of the case.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person may petition the court that placed the
  person on deferred adjudication community supervision for an order
  of nondisclosure if the person:
               (1)  receives a discharge and dismissal under Article
  42A.111, Code of Criminal Procedure;
               (2)  satisfies the requirements of Section 411.074; and
               (3)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another
  offense, other than a traffic offense that is punishable by fine
  only.
         (c)  A petition for an order of nondisclosure of criminal
  history record information filed under this section must include
  evidence that the person is entitled to file the petition.
         (d)  Except as provided by Subsection (e), after notice to
  the state, an opportunity for a hearing, and a determination that
  the person is entitled to file the petition and issuance of an order
  of nondisclosure of criminal history record information is in the
  best interest of justice, the court shall issue an order
  prohibiting criminal justice agencies from disclosing to the public
  criminal history record information related to the offense giving
  rise to the deferred adjudication community supervision.
         (e)  A court may not issue an order of nondisclosure of
  criminal history record information under this section if the
  attorney representing the state presents evidence sufficient to the
  court demonstrating that the commission of the offense for which
  the order is sought resulted in a motor vehicle accident involving
  another person, including a passenger in a motor vehicle operated
  by the person seeking the order of nondisclosure.
         (f)  A person may petition the court that placed the person
  on deferred adjudication community supervision for an order of
  nondisclosure of criminal history record information under this
  section only on or after the second anniversary of the date of
  completion of the deferred adjudication community supervision and
  the discharge and dismissal of the case.
         SECTION 7.  Sections 49.09(b) and (g), Penal Code, are
  amended to read as follows:
         (b)  An offense under Section 49.04, 49.045, 49.05, 49.06, or
  49.065 is a felony of the third degree if it is shown on the trial of
  the offense that the person has previously been convicted:
               (1)  one time of an offense under Section 49.08 or an
  offense under the laws of another state if the offense contains
  elements that are substantially similar to the elements of an
  offense under Section 49.08; or
               (2)  two times of any other offense relating to the
  operating of a motor vehicle while intoxicated, operating an
  aircraft while intoxicated, operating a watercraft while
  intoxicated, or operating or assembling an amusement ride while
  intoxicated.
         (g)  A conviction may be used for purposes of enhancement
  under this section or enhancement under Subchapter D, Chapter 12,
  but not under both this section and Subchapter D. For purposes of
  this section, a person is considered to have been convicted of an
  offense under Section 49.04 or 49.06 if the person was placed on
  deferred adjudication community supervision for the offense under
  Article 42A.102, Code of Criminal Procedure.
         SECTION 8.  (a)  The change in law made by this Act to Article
  17.441, Code of Criminal Procedure, applies to a defendant released
  on bond on or after the effective date of this Act, regardless of
  whether the offense for which the person was arrested occurred
  before, on, or after that date.
         (b)  The changes in law made by this Act to Articles 42A.102
  and 42A.408, Code of Criminal Procedure, apply only to the
  eligibility for deferred adjudication community supervision of a
  defendant for an offense committed on or after the effective date of
  this Act. The eligibility for deferred adjudication community
  supervision of a defendant for 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 subsection, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         (c)  The changes in law made by this Act to Section 49.09,
  Penal Code, apply 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 subsection, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 9.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3582 was passed by the House on May 2,
  2019, by the following vote:  Yeas 142, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 3582 on May 23, 2019, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 3582 on May 26, 2019, by the following vote:  Yeas 144,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3582 was passed by the Senate, with
  amendments, on May 15, 2019, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  3582 on May 25, 2019, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor