By Zaffirini S.B. No. 58 77R1473 PEP-D 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 2-1 concentration of a level specified by Chapter 49, Penal Code, the 2-2 person's license to operate a motor vehicle will be automatically 2-3 suspended for not less than 60 days, whether or not the person is 2-4 subsequently prosecuted as a result of the arrest; 2-5 (4) if the person is younger than 21 years of age and 2-6 has any detectable amount of alcohol in the person's system, the 2-7 person's license to operate a motor vehicle will be automatically 2-8 suspended for not less than 60 days even if the person submits to 2-9 the taking of the specimen, but that if the person submits to the 2-10 taking of the specimen and an analysis of the specimen shows that 2-11 the person had an alcohol concentration less than the level 2-12 specified by Chapter 49, Penal Code, the person may be subject to 2-13 criminal penalties less severe than those provided under that 2-14 chapter; 2-15 (5) if the officer determines that the person is a 2-16 resident without a license to operate a motor vehicle in this 2-17 state, the department will deny to the person the issuance of a 2-18 license, whether or not the person is subsequently prosecuted as a 2-19 result of the arrest, under the same conditions and for the same 2-20 periods that would have applied to a revocation of the person's 2-21 driver's license if the person had held a driver's license issued 2-22 by this state; and 2-23 (6) the person has a right to a hearing on the 2-24 suspension or denial if, not later than the 15th day after the date 2-25 on which the person receives the notice of suspension or denial or 2-26 on which the person is considered to have received the notice by 2-27 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 court if the arresting officer 3-13 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.