HBA-LJP H.B. 2926 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2926
By: Jones, Jesse
Criminal Jurisprudence
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a court is authorized to order a defendant placed on
community supervision for alcohol related offenses to install in the motor
vehicle of the defendant 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 of the vehicle.  However, a court is only
required to order the installation of the device for 50 percent of the time
period of the community supervision and there are no current laws providing
for the removal of these devices.  House Bill 2926 extends the time period
that a court is required to order a defendant convicted of certain alcohol
related offenses to install the device in a motor vehicle and provides for
the removal of the device. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2926 amends the Code of Criminal Procedure to extend the time
period, from a period of not less than 50 percent of the community
supervision period to the expiration of the community supervision period,
that a court that convicts a defendant of driving, flying, boating, or
assembling or operating an amusement ride while intoxicated or manslaughter
or assault caused by intoxication is required to order the installation of
a device in the motor vehicle of the defendant that makes it impractical
for a defendant with breath that has detectable ethyl alcohol to operate
that motor vehicle.  The bill also prohibits a person from removing an
installed device in the motor vehicle of the defendant unless the person
holds a written order authorizing the removal issued by the court that
ordered the device to be installed. 

EFFECTIVE DATE

September 1, 2001.