BILL ANALYSIS

H.B. 823

By: Turner, Sylvester

Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently in Texas there is an increasing trend of law enforcement agencies implementing "no refusal" policies in an effort to increase conviction rates for suspected DWI violations. A "no refusal" policy results in an arresting officer obtaining a search warrant to obtain a blood specimen when a suspect refuses to give a breath specimen. Often these search warrants contain predrafted, boilerplate language so that the officer can obtain a blood specimen as close to the time of arrest as possible.

The current law states that only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen. One method law enforcement agencies who have implemented "no refusal" policies have used is taking suspects to local hospitals and having nurses draw the blood specimens. Many hospitals have expressed concerns with liability, lack of resources, and inappropriate use of emergency room facilities and staff, and in some instances have asked the law enforcement agencies to stop bringing suspects to their emergency rooms. This has led some law enforcement agencies to train their officers in phlebotomy, or the practice of drawing blood. Sometimes all that is needed for such training is a 20-hour course. Once this training is complete, the agencies are claiming that their officers are qualified technicians under the current law.

A law enforcement agency's goal is to protect and serve. This task is often accomplished with little resources. Asking officers to draw blood keeps them from performing their primary duties. Police officers are not properly trained in medicine even if they complete phlebotomy training. This policy undermines public safety, diminishes community trust in law enforcement, and could expose police departments to increased liability.

H.B. 823 prohibits a peace officer from taking a blood specimen from a motor vehicle operator to test for alcohol concentration or other intoxicating substances regardless of whether the officer is a member of the medical profession a chemist, or a qualified technician authorized to take a blood specimen in such a situation.

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

H.B. 823 amends the Transportation Code to prohibit a peace officer from taking a blood specimen from a motor vehicle operator to test for alcohol concentration or other intoxicating substances regardless of whether the officer is a member of the medical profession, a chemist, or a qualified technician authorized to take a blood specimen in such a situation.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.