| 1 | 1 | | 81R124 PEP-D |
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| 2 | 2 | | By: Aycock H.B. No. 170 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of a presumption in certain criminal |
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| 8 | 8 | | proceedings as to evidence of a defendant's alcohol concentration |
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| 9 | 9 | | determined by an analysis of the defendant's breath, blood, or |
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| 10 | 10 | | urine. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Article 38.24 to read as follows: |
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| 14 | 14 | | Art. 38.24. EVIDENCE OF ALCOHOL CONCENTRATION. (a) In this |
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| 15 | 15 | | article, "offense relating to the operating of a motor vehicle |
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| 16 | 16 | | while intoxicated" and "offense of operating a watercraft while |
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| 17 | 17 | | intoxicated" have the meanings assigned by Section 49.09, Penal |
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| 18 | 18 | | Code. |
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| 19 | 19 | | (b) For purposes of the prosecution of an offense relating |
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| 20 | 20 | | to the operating of a motor vehicle or watercraft while |
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| 21 | 21 | | intoxicated, it is presumed that the person had an alcohol |
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| 22 | 22 | | concentration equal to or higher than 0.08 at the time of the |
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| 23 | 23 | | offense if that level of alcohol concentration is shown by an |
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| 24 | 24 | | analysis of a specimen of the person's breath, blood, or urine taken |
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| 25 | 25 | | from the person not later than 90 minutes after the time of the |
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| 26 | 26 | | person's arrest. |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies only |
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| 28 | 28 | | to an offense committed on or after the effective date of this Act. |
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| 29 | 29 | | An offense committed before the effective date of this Act is |
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| 30 | 30 | | covered by the law in effect when the offense was committed, and the |
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| 31 | 31 | | former law is continued in effect for that purpose. For purposes of |
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| 32 | 32 | | this section, an offense was committed before the effective date of |
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| 33 | 33 | | this Act if any element of the offense was committed before that |
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| 34 | 34 | | date. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2009. |
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