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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of certain evidence of intoxication |
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in the prosecution of a criminal offense involving a motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.51 to read as follows: |
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Art. 38.51. INTOXICATION EVIDENCE IN PROSECUTION OF OFFENSE |
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INVOLVING MOTOR VEHICLE. (a) In this article: |
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(1) "Controlled substance" and "drug" have the |
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meanings assigned by Section 481.002, Health and Safety Code. |
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(2) "Dangerous drug" has the meaning assigned by |
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Section 483.001, Health and Safety Code. |
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(3) "Intoxicated" has the meaning assigned by Section |
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49.01, Penal Code. |
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(4) "Motor vehicle" has the meaning assigned by |
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Section 32.34, Penal Code. |
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(b) Subject to Rule 403 of the Texas Rules of Evidence and |
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except as provided by Subsection (c), in the prosecution of any |
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offense involving a motor vehicle, a party may offer evidence as to |
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all relevant facts and circumstances that would aid the trier of |
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fact in determining whether the defendant was intoxicated at the |
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time of the offense. Evidence offered under this article is |
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admissible for any purpose other than to show the character of the |
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defendant. |
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(c) In the prosecution of any offense involving a motor |
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vehicle, only an analysis of a lawfully obtained specimen of the |
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defendant's blood, breath, or urine or other bodily substance is |
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admissible to show the defendant's alcohol concentration or the |
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presence of a controlled substance, drug, dangerous drug, or other |
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substance in the defendant's body at the time of the offense. |
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SECTION 2. The change in law made by this Act applies to the |
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admissibility of evidence in a criminal proceeding that commences |
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on or after the effective date of this Act. The admissibility of |
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evidence in a criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |