Relating to the taking of a specimen of the breath or blood of certain persons arrested for an intoxication offense.
Impact
If enacted, SB261 would impact Texas statutes related to intoxication offenses, enhancing the authority of peace officers to request breath or blood specimens from individuals in specified situations. Notably, the bill would allow for obligatory tests when an arrest occurs following a serious accident involving bodily injury or death. Such changes are intended to combat impaired driving more effectively, potentially leading to a decrease in intoxication-related incidents on Texas roads.
Summary
Senate Bill 261 addresses the procedures for law enforcement officers in Texas regarding the taking of breath or blood specimens from individuals arrested for intoxication offenses. The bill amends existing provisions of the Transportation Code, particularly Sections 724.012(b) and (d), to clarify and expand the circumstances under which a peace officer is required to secure a specimen. These amendments aim to enhance the enforcement of laws against drunk driving and related offenses while ensuring that victims of such incidents are prioritized in the legislative framework.
Contention
Discussions surrounding the bill reflect concerns from various stakeholders regarding the balance between ensuring public safety and maintaining individual rights. Advocates for the bill argue that stricter measures for specimen collection will deter drunk driving and provide justice for victims of intoxication offenses. However, critics may raise concerns about potential abuses of power or the implications on individual freedoms, especially relating to the obligation to provide bodily samples.
Relating to the authority of a magistrate to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.
Relating to the authority of a justice of the peace to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication criminal offenses.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to the suspension of the driver's license of a person arrested for an offense involving the operation of a motor vehicle while intoxicated or under the influence of alcohol.
Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.
Relating to the offense of providing or requesting or allowing another to provide a breath specimen for an ignition interlock device; creating a criminal offense.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.
Relating to the persons authorized to draw a blood specimen from a vehicle operator to test for alcohol concentration or other intoxicating substances.