By: Williams S.B. No. 1061

(In the Senate - Filed March 1, 2007; March 14, 2007, read first time and referred to Committee on Criminal Justice; March 26, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; March 26, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1061 By: Seliger

A BILL TO BE ENTITLED

AN ACT

relating to the suspension or denial of the driver's license of a person who refuses to submit to the taking of a specimen to test for intoxication.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 724.001, Transportation Code, is amended by adding Subdivision (8-a) to read as follows:

(8-a) "Ignition interlock device" has the meaning assigned by Section 521.241.

SECTION 2. Section 724.015, Transportation Code, is amended to read as follows:

Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE REQUESTING SPECIMEN. Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that:

(1) if the person refuses to submit to the taking of the specimen, that refusal may be admissible in a subsequent prosecution;

(2) if the person refuses to submit to the taking of the specimen, the person's license to operate a motor vehicle will be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for not less than:

(A) 180 days; or

(B) 45 days and the person restricted to the operation of a motor vehicle equipped with an ignition interlock device for not less than 135 days beginning on the date following the last day of the license suspension;

(3) if the person is 21 years of age or older and submits to the taking of a specimen designated by the officer and an analysis of the specimen shows the person had an alcohol concentration of a level specified by Chapter 49, Penal Code, the person's license to operate a motor vehicle will be automatically suspended for not less than 90 days, whether or not the person is subsequently prosecuted as a result of the arrest;

(4) if the person is younger than 21 years of age and has any detectable amount of alcohol in the person's system, the person's license to operate a motor vehicle will be automatically suspended for not less than 60 days even if the person submits to the taking of the specimen, but that if the person submits to the taking of the specimen and an analysis of the specimen shows that the person had an alcohol concentration less than the level specified by Chapter 49, Penal Code, the person may be subject to criminal penalties less severe than those provided under that chapter;

(5) if the officer determines that the person is a resident without a license to operate a motor vehicle in this state, the department will deny to the person the issuance of a license, whether or not the person is subsequently prosecuted as a result of the arrest, under the same conditions and for the same periods that would have applied to a suspension [revocation] of the person's driver's license if the person had held a driver's license issued by this state; and

(6) the person has a right to a hearing on the suspension or denial if, not later than the 15th day after the date on which the person receives the notice of suspension or denial or on which the person is considered to have received the notice by mail as provided by law, the department receives, at its headquarters in Austin, a written demand, including a facsimile transmission, or a request in another form prescribed by the department for the hearing.

SECTION 3. Subsections (a), (c), and (d), Section 724.032, Transportation Code, are amended to read as follows:

(a) If a person refuses to submit to the taking of a specimen, whether expressly or because of an intentional failure of the person to give the specimen, the peace officer shall:

(1) serve notice of license suspension, license [or] denial, or license suspension or denial followed by a restriction of the person to the operation of a motor vehicle equipped with an ignition interlock device on the person;

(2) take possession of any license issued by this state and held by the person arrested;

(3) issue a temporary driving permit to the person unless department records show or the officer otherwise determines that the person does not hold a license to operate a motor vehicle in this state; and

(4) make a written report of the refusal to the director of the department.

(c) The officer shall forward to the department not later than the fifth business day after the date of the arrest:

(1) a copy of the notice served under Subsection (a) [of suspension or denial];

(2) any license taken by the officer under Subsection (a);

(3) a copy of any temporary driving permit issued under Subsection (a); and

(4) a copy of the refusal report.

(d) The department shall develop forms for notices required by this section [of suspension or denial] and temporary driving permits to be used by all state and local law enforcement agencies.

SECTION 4. The heading to Section 724.033, Transportation Code, is amended to read as follows:

Sec. 724.033. ISSUANCE BY DEPARTMENT OF NOTICE OF LICENSE SUSPENSION, [OR] DENIAL OF LICENSE, OR LICENSE SUSPENSION OR DENIAL WITH RESTRICTION.

SECTION 5. Subsection (a), Section 724.033, Transportation Code, is amended to read as follows:

(a) On receipt of a report of a peace officer under Section 724.032, if the officer did not serve notice as required by that section [of suspension or denial of a license] at the time of refusal to submit to the taking of a specimen, the department shall mail notice [of suspension or denial], by first class mail, to the person at the address of the person shown by the records of the department or to the address given in the peace officer's report, if different. The notice shall state whether the person's license to operate a motor vehicle will be suspended or denied for not less than:

(1) 180 days; or

(2) 45 days and the person restricted to the operation of a motor vehicle equipped with an ignition interlock device for:

(A) 135 days beginning on the date following the last day of the license suspension or denial; or

(B) one year beginning on the date following the last day of the license suspension or denial if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts, as defined by Section 524.001(3), during the 10 years preceding the date of the person's arrest.

SECTION 6. Section 724.034, Transportation Code, is amended to read as follows:

Sec. 724.034. CONTENTS OF NOTICE OF LICENSE SUSPENSION, LICENSE [OR] DENIAL, OR SUSPENSION OR DENIAL OF LICENSE WITH DRIVING RESTRICTION. A notice under Section 724.033 [of suspension or denial of a license] must state:

(1) the reason and statutory grounds for the action;

(2) as applicable, the effective date of:

(A) the 180-day driver's license suspension or denial; or

(B) the 45-day driver's license suspension or denial preceding:

(i) the 135-day restriction to the operation of a motor vehicle equipped with an ignition interlock device; or

(ii) the one-year restriction to the operation of a motor vehicle equipped with an ignition interlock device if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts, as defined by Section 524.001(3), during the 10 years preceding the date of the person's arrest;

(3) the right of the person to a hearing;

(4) how to request a hearing; and

(5) the period in which a request for a hearing must be received by the department.

SECTION 7. The heading to Section 724.035, Transportation Code, is amended to read as follows:

Sec. 724.035. SUSPENSION, [OR] DENIAL, OR SUSPENSION OR DENIAL OF LICENSE WITH DRIVING RESTRICTION.

SECTION 8. Section 724.035, Transportation Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (b), if [If] a person refuses the request of a peace officer to submit to the taking of a specimen, the department shall[:

[(1)] suspend the person's license to operate a motor vehicle on a public highway for:

(1) 180 days; or

(2) 45 days and restrict the person to the operation of a motor vehicle equipped with an ignition interlock device for 135 days beginning on the date following the last day of the license suspension.

(a-1) If a person refuses the request of a peace officer to submit to the taking of a specimen and [if] the person is a resident without a license, the department shall issue an order denying the issuance of a license to the person for 180 days.

(b) Notwithstanding Subsection (a), [The period of suspension or denial is two years] if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts, as defined by Section 524.001(3), during the 10 years preceding the date of the person's arrest, the period of suspension or denial is 45 days and the department shall restrict the person to the operation of a motor vehicle with an ignition interlock device for one year beginning on the date following the last day of the license suspension or denial.

SECTION 9. Subsections (b) and (c), Section 724.048, Transportation Code, are amended to read as follows:

(b) Except as provided by Subsection (c), the disposition of a criminal charge does not affect a license suspension, [or] denial, or suspension or denial with restriction under this chapter and is not an estoppel as to any matter in issue in a suspension or denial proceeding under this chapter.

(c) If a criminal charge arising from the same arrest as a suspension under this chapter results in an acquittal, the suspension under this chapter may not be imposed and a person may not be restricted to the operation of a motor vehicle with an ignition interlock device. If a suspension under this chapter has already been imposed, the department shall rescind the suspension and remove references to the suspension from the computerized driving record of the individual.

SECTION 10. The change in law made by this Act applies only to the refusal to submit to the taking of a specimen to test for intoxication on or after the effective date of this Act. A refusal to submit to the taking of a specimen that occurs before the effective date of this Act is covered by the law in effect when the refusal was made, and the former law is continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2007.

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