H.B. 1611 78(R)    BILL ANALYSIS


H.B. 1611
By: Riddle
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, a person is required to give a blood or breath sample
if a peace officer arrests the person for an offense under Chapter 49 of
the Penal Code, Intoxication and Alcoholic Beverage Offenses, and the
person was the operator of the vehicle involved in an accident that the
officer reasonably believes occurred as a result of the intoxication or
alcoholic beverage offense and the officer reasonably believes that a
person has died or will die as a direct result of the accident.  In all
other circumstances, current law allows an officer to request the person's
consent to the taking of a blood or breath sample, but prohibits an
officer from requiring the taking of a specimen if the person refuses.
Such a refusal is currently sanctioned by a 180-day driver's license
suspension. Despite this deterrent, the Department of Public Safety
reports a refusal rate of 42 percent, denying the state valuable evidence
of intoxication.  A breath or blood sample is the best evidence with which
the state can be armed when prosecuting an intoxication offense.  House
Bill 1611 establishes an offense and penalties for refusal to submit to
the taking of a specimen upon arrest if the officer reasonably believes
the person was driving while intoxicated in a public place, was drinking
underage, or caused a deadly accident because the person was driving while
intoxicated. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 1611 amends Section 724.013 of the Transportation Code to
provide that a person commits an offense if the person refuses to submit
to the taking of a specimen designated by a peace officer under Section
724.012, which allows an officer to request a blood or breath sample from
a person the officer arrests for certain intoxication or alcoholic
beverage offenses.  The bill provides that an offense under this section
is a Class B misdemeanor except that the offense is a Class A misdemeanor
if the person has previously been convicted of an offense relating to the
operating of a motor vehicle, aircraft, watercraft, or amusement ride
while intoxicated, and a third degree felony if the person has previously
been convicted at least once of intoxication manslaughter or two times of
an offense relating to the operating of a motor vehicle, aircraft,
watercraft, or amusement ride while intoxicated.  The bill also amends
Section 724.015 of the Transportation Code to require an officer to inform
a person orally and in writing that refusal is an offense under Section
724.013 before requesting the person to submit to the taking of a
specimen. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.