Texas House Bill HB747

Texas 2009 - 81st Regular

Caption

Relating to the taking of a specimen of the breath or blood of a person arrested for an intoxication offense under certain circumstances.

Impact

The implementation of HB 747 would reinforce the powers of law enforcement when dealing with intoxication-related arrests, extending their authority to mandate specimen collection under specified conditions. This is significant as it could lead to an increase in the number of blood and breath tests performed in the wake of serious accidents, enhancing the ability of the justice system to prosecute intoxication offenses effectively. Furthermore, by including scenarios where previously arrested individuals are involved in further offenses, the bill aims to address habitual offenders more stringently.

Summary

House Bill 747 aims to amend existing laws regarding the collection of breath or blood specimens from individuals arrested for intoxication offenses. Specifically, the bill stipulates that a peace officer is mandated to require a specimen if the individual was involved in a motor vehicle or watercraft accident resulting from such offenses and if there is reasonable belief that serious injury or death has occurred. This legislative change is intended to bolster enforcement measures relating to intoxication-related incidents, ensuring that evidence collection is more robust in situations where serious consequences arise from such offenses.

Contention

However, the bill is not without contention. Critics may argue that mandating specimen collection under these circumstances could infringe on personal rights and raise concerns about the fairness of such practices, especially regarding individuals who may not have had the intent to commit an offense. Additionally, opponents might highlight the necessity for additional safeguards to ensure that individuals are treated justly in the face of such requirements. The balance between enforcing public safety and protecting individual rights is likely to be a central debate surrounding the bill.

Effective_date

The changes proposed by HB 747 would only apply to offenses committed after the bill's effective date of September 1, 2009, ensuring that individuals charged prior to this date would not be subject to the new regulations under retroactive conditions.