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A BILL TO BE ENTITLED
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AN ACT
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relating to the taking of an additional specimen of a person's blood |
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on arrest for certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 724.019, Transportation Code, is amended |
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by adding Subsections (b-1), (b-2), and (d-1) and amending |
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Subsection (d) to read as follows: |
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(b-1) A person who requests an additional specimen of the |
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person's blood to be taken is responsible for the costs of the |
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taking and analysis of the specimen. |
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(b-2) A specimen taken under Subsection (a) is not required |
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to be analyzed in a laboratory accredited by the department to be |
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admissible as evidence in the trial of the offense for which the |
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specimen was taken. |
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(d) Except as provided by Subsection (d-1), the [The] |
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failure or inability to obtain an additional specimen or analysis |
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under this section does not preclude the admission of evidence |
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relating to the analysis of the specimen taken at the request or |
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order of the peace officer. |
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(d-1) If a peace officer or another person acting for or on |
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behalf of the state interferes with a person's request for an |
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independent test under this section, any evidence relating to the |
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analysis of a specimen taken at the request or order of the peace |
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officer is not admissible as evidence in the trial of the offense |
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for which the specimen was taken. |
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SECTION 2. The change in law made by this Act applies to an |
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arrest that occurs on or after the effective date of this Act. An |
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arrest that occurs before the effective date of this Act is governed |
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by the law in effect on the date of the arrest, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |