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A BILL TO BE ENTITLED
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AN ACT
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relating to the taking of a blood specimen on arrest 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 724.012, Transportation Code, is amended |
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by adding Subsection (a-1) and amending Subsections (b) and (c) to |
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read as follows: |
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(a-1) A peace officer shall require the taking of a specimen |
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of the person's blood if: |
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(1) the officer arrests the person for an offense |
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under Chapter 49, Penal Code, involving the operation of a motor |
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vehicle or a watercraft; |
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(2) the person refuses the officer's request to submit |
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to the taking of a specimen voluntarily; |
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(3) the person was the operator of a motor vehicle or a |
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watercraft involved in an accident that the officer reasonably |
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believes occurred as a result of the offense; and |
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(4) at the time of the arrest, the officer reasonably |
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believes that as a direct result of the accident any individual has |
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died or will die. |
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(b) Subject to Subsection (a-1), a [A] peace officer shall |
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require the taking of a specimen of the person's breath or blood |
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under any of the following circumstances if the officer arrests the |
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person for an offense under Chapter 49, Penal Code, involving the |
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operation of a motor vehicle or a watercraft and the person refuses |
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the officer's request to submit to the taking of a specimen |
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voluntarily: |
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(1) the person was the operator of a motor vehicle or a |
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watercraft involved in an accident that the officer reasonably |
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believes occurred as a result of the offense and, at the time of the |
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arrest, the officer reasonably believes that as a direct result of |
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the accident: |
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(A) [any individual has died or will die; |
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[(B)] an individual other than the person has |
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suffered serious bodily injury; or |
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(B) [(C)] an individual other than the person has |
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suffered bodily injury and been transported to a hospital or other |
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medical facility for medical treatment; |
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(2) the offense for which the officer arrests the |
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person is an offense under Section 49.045, Penal Code; or |
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(3) at the time of the arrest, the officer possesses or |
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receives reliable information from a credible source that the |
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person: |
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(A) has been previously convicted of or placed on |
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community supervision for an offense under Section 49.045, 49.07, |
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or 49.08, Penal Code, or an offense under the laws of another state |
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containing elements substantially similar to the elements of an |
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offense under those sections; or |
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(B) on two or more occasions, has been previously |
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convicted of or placed on community supervision for an offense |
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under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an |
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offense under the laws of another state containing elements |
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substantially similar to the elements of an offense under those |
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sections. |
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(c) Except as provided by Subsection (a-1), the [The] peace |
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officer shall designate the type of specimen to be taken. |
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SECTION 2. Section 724.013, Transportation Code, is amended |
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to read as follows: |
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Sec. 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON |
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REFUSES; EXCEPTION. Except as provided by Section 724.012(a-1) or |
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(b) [Section 724.012(b)], a specimen may not be taken if a person |
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refuses to submit to the taking of a specimen designated by a peace |
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officer. |
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SECTION 3. The change in law made by this Act applies only |
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to an arrest that occurs on or after the effective date of this Act. |
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An arrest that occurs before the effective date of this Act is |
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governed by the law in effect on the date the arrest occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |