bill makes blowing into a friend’s interlock an offense

The text as introduced · 536 words

90R2921 CJD-F

By: Reynolds
H.B. No. 811

A BILL TO BE ENTITLED

AN ACT

relating to the offense of providing or requesting or allowing

another to provide a breath specimen for an ignition interlock

device; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 38, Penal Code, is amended by adding

Section 38.20 to read as follows:

Sec. 38.20. PROVIDING BREATH SPECIMEN FOR IGNITION

INTERLOCK DEVICE. (a) In this section:

(1) "Ignition interlock device" has the meaning

assigned by Article 42A.408, Code of Criminal Procedure.

(2) "Offense relating to the operating of a motor

vehicle while intoxicated," "offense of operating an aircraft while

intoxicated," "offense of operating a watercraft while

intoxicated," and "offense of operating or assembling an amusement

ride while intoxicated" have the meanings assigned by Section

49.09.

(b) A person commits an offense if the person:

(1) is restricted to the operation of a motor vehicle

equipped with an ignition interlock device under Article 17.441 or

42A.408, Code of Criminal Procedure, Section 521.246,

Transportation Code, or Section 49.09(h) of this code;

(2) requests or allows another person to provide a

breath specimen for the ignition interlock device installed on the

motor vehicle owned or most regularly driven by the actor; and

(3) subsequently operates the motor vehicle equipped

with the ignition interlock device without first providing the

actor's own breath specimen.

(c) A person commits an offense if the person:

(1) intentionally or knowingly provides a breath

specimen for an ignition interlock device installed on the motor

vehicle of another person who the actor knows is restricted to the

operation of a motor vehicle equipped with an ignition interlock

device under Article 17.441 or 42A.408, Code of Criminal Procedure,

Section 521.246, Transportation Code, or Section 49.09(h) of this

code; and

(2) knows that the person who is restricted to the

operation of a motor vehicle equipped with the ignition interlock

device intends to subsequently operate the motor vehicle without

providing the person's own breath specimen.

(d) An offense under Subsection (b) is a Class A

misdemeanor, except that the offense is a felony of the third degree

if it is shown on the trial of the offense that:

(1) the defendant has previously been convicted:

(A) 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

(B) two times of any offense, other than an

offense described by Paragraph (A), 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; or

(2) at the time of the offense, the defendant was

released on bond or on community supervision for an offense under

Section 49.045, 49.061, 49.07, or 49.08.

(e) An offense under Subsection (c) is a Class C

misdemeanor, except that the offense is a Class A misdemeanor if it

is shown on the trial of the offense that the defendant has

previously been convicted of an offense under Subsection (c).

SECTION 2. This Act takes effect September 1, 2027.