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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the arrest and collection of a breath or blood |
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specimen of persons operating a motor vehicle or watercraft while |
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intoxicated under certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 724.012(b), Transportation Code, is |
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amended to read as follows: |
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(b) A peace officer shall arrest a person and require the |
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taking of a specimen of the person's breath or blood under any of |
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the following circumstances if the officer has probable cause to |
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arrest [arrests] the person for an offense under Chapter 49, Penal |
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Code, involving the operation of a motor vehicle or a watercraft and |
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the person refuses the officer's request to submit to the taking of |
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a specimen voluntarily: |
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(1) the person was the operator of a motor vehicle or a |
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watercraft involved in an accident that the officer reasonably |
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believes occurred as a result of the offense and, at the time of the |
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arrest, the officer reasonably believes that as a direct result of |
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the accident: |
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(A) any individual has died or will die; |
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(B) an individual other than the person has |
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suffered serious bodily injury; or |
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(C) an individual other than the person has |
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suffered bodily injury and been transported to a hospital or other |
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medical facility for medical treatment; |
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(2) the offense for which the officer arrests the |
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person is an offense under Section 49.045, Penal Code; or |
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(3) at the time of the arrest, the officer possesses or |
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receives reliable information from a credible source that the |
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person: |
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(A) has been previously convicted of or placed on |
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community supervision for an offense under Section 49.045, 49.07, |
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or 49.08, Penal Code, or an offense under the laws of another state |
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containing elements substantially similar to the elements of an |
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offense under those sections; or |
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(B) on two or more occasions, has been previously |
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convicted of or placed on community supervision for an offense |
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under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an |
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offense under the laws of another state containing elements |
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substantially similar to the elements of an offense under those |
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sections. |
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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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |