Bill Caption

Relating to the punishment for certain intoxication offenses and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.

Fiscal Notes

No significant fiscal implication to the State is anticipated

Bill Analysis

HB 3582 would change the offenses for which a judge may not grant deferred adjudication community supervision. Judges would be able to grant deferred adjudication community supervision for boating while intoxicated. 

Judges would be required to make defendants have an ignition interlock device as a condition of deferred adjudication community supervision for the offenses of driving or boating while intoxicated. The defendant would not be allowed to operate a motor vehicle not equipped with an ignition interlock device. If a judge determines the defendant is unable to pay for the device then the judge may set up a payment schedule. Indigent defendants may have the installation fee waived and the monthly fee reduced by 50%.

A person placed on deferred adjudication community supervision may apply for nondisclosure of criminal history information if they receive a dismissal and discharge, have never previously been convicted of or placed on deferred adjudication community supervision for another offense, and meets certain other qualifying statutory conditions. 

Vote Recommendation Notes

Texas Action supports HB 3582 because it supports the principles of personal responsibility and limited government. This bill expands access to deferred adjudication community supervision for those charged with the crime of boating while intoxicated. It also requires those placed on deferred adjudication community supervision, regardless of age at the time of the offense, to have an ignition interlock device on their motor vehicle.