By: Zaffirini S.B. No. 58
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the information provided by a peace officer to a person
1-3 arrested for certain alcohol-related offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 724.015, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
1-8 REQUESTING SPECIMEN. (a) Before requesting a person to submit to
1-9 the taking of a specimen, the officer shall inform the person
1-10 orally and in writing that:
1-11 (1) if the person refuses to submit to the taking of
1-12 the specimen, that refusal may be admissible in a subsequent
1-13 prosecution;
1-14 (2) if the person refuses to submit to the taking of
1-15 the specimen, the person's license to operate a motor vehicle will
1-16 be automatically suspended, whether or not the person is
1-17 subsequently prosecuted as a result of the arrest, for:
1-18 (A) not less than 90 days if the person is 21
1-19 years of age or older; or
1-20 (B) not less than 120 days if the person is
1-21 younger than 21 years of age;
1-22 (3) if the person is 21 years of age or older and
1-23 submits to the taking of a specimen designated by the officer and
1-24 an analysis of the specimen shows the person had an alcohol
1-25 concentration of a level specified by Chapter 49, Penal Code, the
2-1 person's license to operate a motor vehicle will be automatically
2-2 suspended for not less than 60 days, whether or not the person is
2-3 subsequently prosecuted as a result of the arrest;
2-4 (4) if the person is younger than 21 years of age and
2-5 has any detectable amount of alcohol in the person's system, the
2-6 person's license to operate a motor vehicle will be automatically
2-7 suspended for not less than 60 days even if the person submits to
2-8 the taking of the specimen, but that if the person submits to the
2-9 taking of the specimen and an analysis of the specimen shows that
2-10 the person had an alcohol concentration less than the level
2-11 specified by Chapter 49, Penal Code, the person may be subject to
2-12 criminal penalties less severe than those provided under that
2-13 chapter;
2-14 (5) if the officer determines that the person is a
2-15 resident without a license to operate a motor vehicle in this
2-16 state, the department will deny to the person the issuance of a
2-17 license, whether or not the person is subsequently prosecuted as a
2-18 result of the arrest, under the same conditions and for the same
2-19 periods that would have applied to a revocation of the person's
2-20 driver's license if the person had held a driver's license issued
2-21 by this state; and
2-22 (6) the person has a right to a hearing on the
2-23 suspension or denial if, not later than the 15th day after the date
2-24 on which the person receives the notice of suspension or denial or
2-25 on which the person is considered to have received the notice by
2-26 mail as provided by law, the department receives, at its
3-1 headquarters in Austin, a written demand, including a facsimile
3-2 transmission, or a request in another form prescribed by the
3-3 department for the hearing.
3-4 (b) On request by the arrested person after the officer has
3-5 complied with Subsection (a), the officer, in a manner that is not
3-6 coercive or misleading, may explain the information required by
3-7 this section or provide additional information about the
3-8 consequences of the person's submitting or refusing to submit to
3-9 the taking of the specimen.
3-10 (c) Evidence of a person's refusal to submit to the taking
3-11 of a specimen or of the analysis of the specimen is admissible in a
3-12 hearing under this chapter or in a subsequent prosecution if the
3-13 arresting officer substantially complies with this section.
3-14 SECTION 2. The change in law made by this Act applies only
3-15 to a person arrested on or after September 1, 2001, and to the
3-16 admissibility of evidence regarding a person arrested on or after
3-17 that date. A person arrested before September 1, 2001, and the
3-18 admissibility of evidence regarding a person arrested before that
3-19 date are covered by the law in effect when the person was arrested,
3-20 and the former law is continued in effect for that purpose.
3-21 SECTION 3. This Act takes effect September 1, 2001.