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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a presumption in certain criminal |
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proceedings as to evidence of a defendant's alcohol concentration |
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determined by an analysis of the defendant's breath, blood, or |
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urine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.24 to read as follows: |
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Art. 38.24. EVIDENCE OF ALCOHOL CONCENTRATION. (a) In this |
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article, "offense relating to the operating of a motor vehicle |
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while intoxicated" and "offense of operating a watercraft while |
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intoxicated" have the meanings assigned by Section 49.09, Penal |
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Code. |
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(b) For purposes of the prosecution of an offense relating |
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to the operating of a motor vehicle or watercraft while |
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intoxicated, it is presumed that the person had an alcohol |
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concentration equal to or higher than 0.08 at the time of the |
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offense if that level of alcohol concentration is shown by an |
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analysis of a specimen of the person's breath, blood, or urine taken |
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from the person not later than 90 minutes after the time of the |
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person's arrest. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2009. |