By: Lucio S.B. No. 388
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the criminal consequences of driving while intoxicated
1-2 and to the civil consequences of failure to submit to the taking of
1-3 a blood, breath, or urine specimen for analysis to determine
1-4 intoxication.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 49.04, Penal Code, is amended by amending
1-7 Subsection (b) and adding Subsection (d) to read as follows:
1-8 (b) Except as provided by Subsections [Subsection] (c) and
1-9 (d) and by Section 49.09, an offense under this section is a Class
1-10 B misdemeanor, with a minimum term of confinement of 72 hours.
1-11 (d) An offense under this section is a Class B misdemeanor,
1-12 with a minimum term of confinement of five days, if the defendant:
1-13 (1) was arrested for an offense described by Section
1-14 724.011(a), Transportation Code;
1-15 (2) was subsequently requested by a peace officer to
1-16 submit to the taking of one or more specimens of the defendant's
1-17 breath or blood for analysis to determine the alcohol concentration
1-18 or the presence in the defendant's body of a controlled substance,
1-19 drug, dangerous drug, or other substance; and
1-20 (3) refused to submit to the taking of the specimen
1-21 designated by the peace officer.
1-22 SECTION 2. Section 724.015, Transportation Code, is amended
1-23 to read as follows:
1-24 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
2-1 REQUESTING SPECIMEN. Before requesting a person to submit to the
2-2 taking of a specimen, the officer shall inform the person orally
2-3 and in writing that:
2-4 (1) if the person refuses to submit to the taking of
2-5 the specimen, that refusal may be admissible in a subsequent
2-6 prosecution;
2-7 (2) if the person refuses to submit to the taking of
2-8 the specimen, the person's license to operate a motor vehicle will
2-9 be automatically suspended, whether or not the person is
2-10 subsequently prosecuted as a result of the arrest, for[:]
2-11 [(A)] not less than one year [90 days if the
2-12 person is 21 years of age or older; or]
2-13 [(B) not less than 120 days if the person is
2-14 younger than 21 years of age];
2-15 (3) if the person is 21 years of age or older and
2-16 submits to the taking of a specimen designated by the officer and
2-17 an analysis of the specimen shows the person had an alcohol
2-18 concentration of a level specified by Chapter 49, Penal Code, the
2-19 person's license to operate a motor vehicle will be automatically
2-20 suspended for not less than 60 days, whether or not the person is
2-21 subsequently prosecuted as a result of the arrest;
2-22 (4) if the person is younger than 21 years of age and
2-23 has any detectable amount of alcohol in the person's system, the
2-24 person's license to operate a motor vehicle will be automatically
2-25 suspended for not less than 60 days even if the person submits to
2-26 the taking of the specimen, but that if the person submits to the
3-1 taking of the specimen and an analysis of the specimen shows that
3-2 the person had an alcohol concentration less than the level
3-3 specified by Chapter 49, Penal Code, the person may be subject to
3-4 criminal penalties less severe than those provided under that
3-5 chapter;
3-6 (5) if the officer determines that the person is a
3-7 resident without a license to operate a motor vehicle in this
3-8 state, the department will deny to the person the issuance of a
3-9 license, whether or not the person is subsequently prosecuted as a
3-10 result of the arrest, under the same conditions and for the same
3-11 periods that would have applied to a revocation of the person's
3-12 driver's license if the person had held a driver's license issued
3-13 by this state; [and]
3-14 (6) the person has a right to a hearing on the
3-15 suspension or denial if, not later than the 15th day after the date
3-16 on which the person receives the notice of suspension or denial or
3-17 on which the person is considered to have received the notice by
3-18 mail as provided by law, the department receives, at its
3-19 headquarters in Austin, a written demand, including a facsimile
3-20 transmission, or a request in another form prescribed by the
3-21 department for the hearing; and
3-22 (7) if the person refuses to consent to the taking of
3-23 the specimen, and the person is subsequently prosecuted as a result
3-24 of the arrest for an offense under Section 49.04, Penal Code, and
3-25 is convicted of that offense, the minimum term of confinement for
3-26 the offense is increased from 72 hours to five days.
4-1 SECTION 3. Section 724.035, Transportation Code, is amended
4-2 to read as follows:
4-3 Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE. (a) If a
4-4 person refuses the request of a peace officer to submit to the
4-5 taking of a specimen, the department shall:
4-6 (1) suspend the person's license to operate a motor
4-7 vehicle on a public highway for one year [90 days if the person is
4-8 21 years of age or older or 120 days if the person is younger than
4-9 21 years of age]; or
4-10 (2) if the person is a resident without a license,
4-11 issue an order denying the issuance of a license to the person for
4-12 one year [90 days if the person is 21 years of age or older or 120
4-13 days if the person is younger than 21 years of age].
4-14 (b) [The period of suspension or denial is 180 days if the
4-15 person is 21 years of age or older or 240 days if the person is
4-16 younger than 21 years of age and the person's driving record shows
4-17 one or more alcohol-related or drug-related enforcement contacts,
4-18 as defined by Section 524.001(3)(B) or (C), during the five years
4-19 preceding the date of the person's arrest.]
4-20 [(c) The period of suspension or denial is one year if the
4-21 person's driving record shows one or more alcohol-related or
4-22 drug-related enforcement contacts, as defined by Section
4-23 524.001(3)(A), during the five years preceding the date of the
4-24 person's arrest.]
4-25 [(d)] A suspension or denial takes effect on the 40th day
4-26 after the date on which the person:
5-1 (1) receives notice of suspension or denial under
5-2 Section 724.032(a); or
5-3 (2) is considered to have received notice of
5-4 suspension or denial under Section 724.033.
5-5 SECTION 4. Subsection (a), Section 724.043, Transportation
5-6 Code, is amended to read as follows:
5-7 (a) If the administrative law judge finds in the affirmative
5-8 on each issue under Section 724.042, the suspension order is
5-9 sustained. If the person is a resident without a license, the
5-10 department shall continue to deny to the person the issuance of a
5-11 license for the [applicable] period provided by Section 724.035.
5-12 SECTION 5. (a) This Act takes effect September 1, 1999.
5-13 (b) The change in law made by Section 1 of this Act applies
5-14 only to an offense committed on or after September 1, 1999. An
5-15 offense committed before September 1, 1999, is covered by the law
5-16 in effect when the offense was committed, and the former law is
5-17 continued in effect for that purpose. For purposes of this
5-18 section, an offense was committed before September 1, 1999, if any
5-19 element of the offense was committed before that date.
5-20 (c) The changes in law made by Sections 2, 3, and 4 of this
5-21 Act apply only to a person arrested for an offense described by
5-22 Subsection (a), Section 724.011, Transportation Code, on or after
5-23 September 1, 1999.
5-24 SECTION 6. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
6-1 constitutional rule requiring bills to be read on three several
6-2 days in each house be suspended, and this rule is hereby suspended.