HBA-LJP S.B. 1531 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1531
By: Cain
Criminal Jurisprudence
5/16/2001
Engrossed



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.  Senate Bill 1531 modifies 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

Senate Bill 1531 amends the Code of Criminal Procedure to modify 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 or
until ordered removed by the court, 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.