SRC-JBJ, CTC S.B. 58 77(R)BILL ANALYSIS


Senate Research CenterS.B. 58
By: Zaffirini
Jurisprudence
4/18/2001
Committee Report (Amended)


DIGEST AND PURPOSE 

Currently, there are some concerns regarding the clarity of the warning
statements that officers are required to give a person suspected of driving
while intoxicated.  S.B. 58 allows an arresting officer, in a certain
manner, to explain certain information regarding the consequences of a
person's submittal to, or refusal to submit to, a specimen test and
provides that evidence of a person's refusal to submit to the taking of a
specimen or the analysis of the specimen is admissible in certain hearings
or in a subsequent prosecution under certain conditions. 
 
RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 724.015, Transportation Code, by adding
Subsections (b) and (c) to authorize a peace officer, upon request by the
arrested person, to explain in a straightforward manner the consequences
required by this section or provide additional information regarding
submitting or refusing to submit to the taking of a specimen.  Provides
that evidence of a person's refusal to submit to the taking of a specimen
or the analysis of the specimen is admissible in a subsequent prosecution
if the arresting officer substantially complies with this section. 

SECTION 2. Makes application of this act prospective.

SECTION 3. Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Committee Amendment No. 1.

Replaces a reference to "court" with a reference to "a subsequent
prosecution" in SECTION 1, page 3, line 12.