1-1 By: Lucio S.B. No. 388
1-2 (In the Senate - Filed February 3, 1999; February 4, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 15, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 15, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the criminal consequences of driving while intoxicated
1-9 and to the civil consequences of failure to submit to the taking of
1-10 a blood, breath, or urine specimen for analysis to determine
1-11 intoxication.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 49.04, Penal Code, is amended by amending
1-14 Subsection (b) and adding Subsection (d) to read as follows:
1-15 (b) Except as provided by Subsections [Subsection] (c) and
1-16 (d) and by Section 49.09, an offense under this section is a Class
1-17 B misdemeanor, with a minimum term of confinement of 72 hours.
1-18 (d) An offense under this section is a Class B misdemeanor,
1-19 with a minimum term of confinement of five days, if the defendant:
1-20 (1) was arrested for an offense described by Section
1-21 724.011(a), Transportation Code;
1-22 (2) was subsequently requested by a peace officer to
1-23 submit to the taking of one or more specimens of the defendant's
1-24 breath or blood for analysis to determine the alcohol concentration
1-25 or the presence in the defendant's body of a controlled substance,
1-26 drug, dangerous drug, or other substance; and
1-27 (3) refused to submit to the taking of the specimen
1-28 designated by the peace officer.
1-29 SECTION 2. Section 724.015, Transportation Code, is amended
1-30 to read as follows:
1-31 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
1-32 REQUESTING SPECIMEN. Before requesting a person to submit to the
1-33 taking of a specimen, the officer shall inform the person orally
1-34 and in writing that:
1-35 (1) if the person refuses to submit to the taking of
1-36 the specimen, that refusal may be admissible in a subsequent
1-37 prosecution;
1-38 (2) if the person refuses to submit to the taking of
1-39 the specimen, the person's license to operate a motor vehicle will
1-40 be automatically suspended, whether or not the person is
1-41 subsequently prosecuted as a result of the arrest, for[:]
1-42 [(A)] not less than one year [90 days if the
1-43 person is 21 years of age or older; or]
1-44 [(B) not less than 120 days if the person is
1-45 younger than 21 years of age];
1-46 (3) if the person is 21 years of age or older and
1-47 submits to the taking of a specimen designated by the officer and
1-48 an analysis of the specimen shows the person had an alcohol
1-49 concentration of a level specified by Chapter 49, Penal Code, the
1-50 person's license to operate a motor vehicle will be automatically
1-51 suspended for not less than 60 days, whether or not the person is
1-52 subsequently prosecuted as a result of the arrest;
1-53 (4) if the person is younger than 21 years of age and
1-54 has any detectable amount of alcohol in the person's system, the
1-55 person's license to operate a motor vehicle will be automatically
1-56 suspended for not less than 60 days even if the person submits to
1-57 the taking of the specimen, but that if the person submits to the
1-58 taking of the specimen and an analysis of the specimen shows that
1-59 the person had an alcohol concentration less than the level
1-60 specified by Chapter 49, Penal Code, the person may be subject to
1-61 criminal penalties less severe than those provided under that
1-62 chapter;
1-63 (5) if the officer determines that the person is a
1-64 resident without a license to operate a motor vehicle in this
2-1 state, the department will deny to the person the issuance of a
2-2 license, whether or not the person is subsequently prosecuted as a
2-3 result of the arrest, under the same conditions and for the same
2-4 periods that would have applied to a revocation of the person's
2-5 driver's license if the person had held a driver's license issued
2-6 by this state; [and]
2-7 (6) the person has a right to a hearing on the
2-8 suspension or denial if, not later than the 15th day after the date
2-9 on which the person receives the notice of suspension or denial or
2-10 on which the person is considered to have received the notice by
2-11 mail as provided by law, the department receives, at its
2-12 headquarters in Austin, a written demand, including a facsimile
2-13 transmission, or a request in another form prescribed by the
2-14 department for the hearing; and
2-15 (7) if the person refuses to consent to the taking of
2-16 the specimen, and the person is subsequently prosecuted as a result
2-17 of the arrest for an offense under Section 49.04, Penal Code, and
2-18 is convicted of that offense, the minimum term of confinement for
2-19 the offense is increased from 72 hours to five days.
2-20 SECTION 3. Section 724.035, Transportation Code, is amended
2-21 to read as follows:
2-22 Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE. (a) If a
2-23 person refuses the request of a peace officer to submit to the
2-24 taking of a specimen, the department shall:
2-25 (1) suspend the person's license to operate a motor
2-26 vehicle on a public highway for one year [90 days if the person is
2-27 21 years of age or older or 120 days if the person is younger than
2-28 21 years of age]; or
2-29 (2) if the person is a resident without a license,
2-30 issue an order denying the issuance of a license to the person for
2-31 one year [90 days if the person is 21 years of age or older or 120
2-32 days if the person is younger than 21 years of age].
2-33 (b) [The period of suspension or denial is 180 days if the
2-34 person is 21 years of age or older or 240 days if the person is
2-35 younger than 21 years of age and the person's driving record shows
2-36 one or more alcohol-related or drug-related enforcement contacts,
2-37 as defined by Section 524.001(3)(B) or (C), during the five years
2-38 preceding the date of the person's arrest.]
2-39 [(c) The period of suspension or denial is one year if the
2-40 person's driving record shows one or more alcohol-related or
2-41 drug-related enforcement contacts, as defined by Section
2-42 524.001(3)(A), during the five years preceding the date of the
2-43 person's arrest.]
2-44 [(d)] A suspension or denial takes effect on the 40th day
2-45 after the date on which the person:
2-46 (1) receives notice of suspension or denial under
2-47 Section 724.032(a); or
2-48 (2) is considered to have received notice of
2-49 suspension or denial under Section 724.033.
2-50 SECTION 4. Subsection (a), Section 724.043, Transportation
2-51 Code, is amended to read as follows:
2-52 (a) If the administrative law judge finds in the affirmative
2-53 on each issue under Section 724.042, the suspension order is
2-54 sustained. If the person is a resident without a license, the
2-55 department shall continue to deny to the person the issuance of a
2-56 license for the [applicable] period provided by Section 724.035.
2-57 SECTION 5. (a) This Act takes effect September 1, 1999.
2-58 (b) The change in law made by Section 1 of this Act applies
2-59 only to an offense committed on or after September 1, 1999. An
2-60 offense committed before September 1, 1999, is covered by the law
2-61 in effect when the offense was committed, and the former law is
2-62 continued in effect for that purpose. For purposes of this
2-63 section, an offense was committed before September 1, 1999, if any
2-64 element of the offense was committed before that date.
2-65 (c) The changes in law made by Sections 2, 3, and 4 of this
2-66 Act apply only to a person arrested for an offense described by
2-67 Subsection (a), Section 724.011, Transportation Code, on or after
2-68 September 1, 1999.
2-69 SECTION 6. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.
3-5 * * * * *