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A BILL TO BE ENTITLED
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AN ACT
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relating to wearing a secure alcohol monitoring device as a |
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required condition of community supervision for certain |
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intoxication offenses. |
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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 Subsections (o), (p), and (q) to |
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read as follows: |
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(o) A judge granting community supervision to a defendant |
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convicted of an offense under Section 49.04, 49.045, 49.05, 49.06, |
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49.065, 49.07, or 49.08, Penal Code, shall require as a condition of |
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community supervision that the defendant abstain from the |
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consumption of alcohol for: |
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(1) the period of community supervision; or |
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(2) if the period of community supervision is longer |
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than 60 days, the first 60 days of community supervision. |
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(p) The judge shall order a defendant who is required as a |
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condition of community supervision under Subsection (o) to abstain |
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from the consumption of alcohol to wear a secure alcohol monitoring |
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device that provides continuous remote alcohol monitoring and that |
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cannot be removed during the period the defendant is required to |
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abstain from the consumption of alcohol. The judge shall require |
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the defendant to obtain the device at the defendant's expense and |
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have the device secured to the defendant before the third business |
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day after the date the defendant is placed on community |
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supervision. The judge shall require the defendant to provide |
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evidence to the judge, not later than the fifth business day after |
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the date the defendant is placed on community supervision, that the |
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device is secured to the defendant. If the judge determines that |
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the defendant is unable to pay for the device, the judge may impose |
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a reasonable payment schedule the period for which does not exceed |
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twice the period the defendant is required to wear the device. |
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(q) The Department of Public Safety shall approve devices |
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for use under Subsection (p). If the department approves a device, |
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the department shall notify the manufacturer of the device of that |
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approval in writing. The manufacturer shall reimburse the |
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department for any cost incurred by the department in approving the |
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device. The department by rule shall establish general standards |
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for the calibration and maintenance of the devices. The |
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manufacturer or an authorized representative of the manufacturer of |
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an approved device is responsible for calibrating and maintaining |
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the device according to the standards established by the |
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department. Written notice of the approval of a device from the |
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department to a manufacturer is admissible in a civil or criminal |
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proceeding in this state. The department is not liable in a civil |
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or criminal proceeding that arises from the use of an approved |
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device. |
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SECTION 2. The Department of Public Safety shall adopt the |
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rules required by Section 13(q), Article 42.12, Code of Criminal |
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Procedure, as added by this Act, not later than December 1, 2011. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after January 1, 2012. An offense |
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committed before January 1, 2012, is covered by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before January 1, 2012, if any element of the offense |
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occurred before that date. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |