1-1 By: Zaffirini S.B. No. 58 1-2 (In the Senate - Filed November 13, 2000; January 10, 2001, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 April 19, 2001, reported favorably, as amended, by the following 1-5 vote: Yeas 5, Nays 0; April 19, 2001, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Ellis 1-7 Amend S.B. No. 58, in SECTION 1 of the bill, Subsection (c), by 1-8 striking the word "court" and inserting in its place "a subsequent 1-9 prosecution" (Introduced version, page 2, line 10). 1-10 A BILL TO BE ENTITLED 1-11 AN ACT 1-12 relating to the information provided by a peace officer to a person 1-13 arrested for certain alcohol-related offenses. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Section 724.015, Transportation Code, is amended 1-16 to read as follows: 1-17 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE 1-18 REQUESTING SPECIMEN. (a) Before requesting a person to submit to 1-19 the taking of a specimen, the officer shall inform the person 1-20 orally and in writing that: 1-21 (1) if the person refuses to submit to the taking of 1-22 the specimen, that refusal may be admissible in a subsequent 1-23 prosecution; 1-24 (2) if the person refuses to submit to the taking of 1-25 the specimen, the person's license to operate a motor vehicle will 1-26 be automatically suspended, whether or not the person is 1-27 subsequently prosecuted as a result of the arrest, for: 1-28 (A) not less than 90 days if the person is 21 1-29 years of age or older; or 1-30 (B) not less than 120 days if the person is 1-31 younger than 21 years of age; 1-32 (3) if the person is 21 years of age or older and 1-33 submits to the taking of a specimen designated by the officer and 1-34 an analysis of the specimen shows the person had an alcohol 1-35 concentration of a level specified by Chapter 49, Penal Code, the 1-36 person's license to operate a motor vehicle will be automatically 1-37 suspended for not less than 60 days, whether or not the person is 1-38 subsequently prosecuted as a result of the arrest; 1-39 (4) if the person is younger than 21 years of age and 1-40 has any detectable amount of alcohol in the person's system, the 1-41 person's license to operate a motor vehicle will be automatically 1-42 suspended for not less than 60 days even if the person submits to 1-43 the taking of the specimen, but that if the person submits to the 1-44 taking of the specimen and an analysis of the specimen shows that 1-45 the person had an alcohol concentration less than the level 1-46 specified by Chapter 49, Penal Code, the person may be subject to 1-47 criminal penalties less severe than those provided under that 1-48 chapter; 1-49 (5) if the officer determines that the person is a 1-50 resident without a license to operate a motor vehicle in this 1-51 state, the department will deny to the person the issuance of a 1-52 license, whether or not the person is subsequently prosecuted as a 1-53 result of the arrest, under the same conditions and for the same 1-54 periods that would have applied to a revocation of the person's 1-55 driver's license if the person had held a driver's license issued 1-56 by this state; and 1-57 (6) the person has a right to a hearing on the 1-58 suspension or denial if, not later than the 15th day after the date 1-59 on which the person receives the notice of suspension or denial or 1-60 on which the person is considered to have received the notice by 1-61 mail as provided by law, the department receives, at its 1-62 headquarters in Austin, a written demand, including a facsimile 1-63 transmission, or a request in another form prescribed by the 2-1 department for the hearing. 2-2 (b) On request by the arrested person after the officer has 2-3 complied with Subsection (a), the officer, in a manner that is not 2-4 coercive or misleading, may explain the information required by 2-5 this section or provide additional information about the 2-6 consequences of the person's submitting or refusing to submit to 2-7 the taking of the specimen. 2-8 (c) Evidence of a person's refusal to submit to the taking 2-9 of a specimen or of the analysis of the specimen is admissible in a 2-10 hearing under this chapter or in court if the arresting officer 2-11 substantially complies with this section. 2-12 SECTION 2. The change in law made by this Act applies only 2-13 to a person arrested on or after September 1, 2001, and to the 2-14 admissibility of evidence regarding a person arrested on or after 2-15 that date. A person arrested before September 1, 2001, and the 2-16 admissibility of evidence regarding a person arrested before that 2-17 date are covered by the law in effect when the person was arrested, 2-18 and the former law is continued in effect for that purpose. 2-19 SECTION 3. This Act takes effect September 1, 2001. 2-20 * * * * *