Texas 2009 - 81st Regular

Texas Senate Bill SB261 Compare Versions

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1	1	By: Deuell, et al. S.B. No. 261
2	2	Substitute the following for S.B. No. 261:
3	3	By: Christian C.S.S.B. No. 261
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the taking of a specimen of the breath or blood of
9	9	certain persons arrested for an intoxication offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act shall be known as the Nicole "Lilly"
12	12	Lalime Act.
13	13	SECTION 2. Sections 724.012(b) and (d), Transportation
14	14	Code, are amended to read as follows:
15	15	(b) A peace officer shall require the taking of a specimen
16	16	of the person's breath or blood under any of the following
17	17	circumstances if[:
18	18	[(1)] the officer arrests the person for an offense
19	19	under Chapter 49, Penal Code, involving the operation of a motor
20	20	vehicle or a watercraft and the person refuses the officer's
21	21	request to submit to the taking of a specimen voluntarily:[;]
22	22	(1) [(2)] the person was the operator of a motor
23	23	vehicle or a watercraft involved in an accident that the officer
24	24	reasonably believes occurred as a result of the offense and, [;
25	25	[(3)] at the time of the arrest, the officer
26	26	reasonably believes that as a direct result of the accident:
27	27	(A) any individual has died or will die; [or]
28	28	(B) an individual other than the person has
29	29	suffered serious bodily injury; or
30	30	(C) an individual other than the person has
31	31	suffered bodily injury and been transported to a hospital or other
32	32	medical facility for medical treatment;
33	33	(2) the offense for which the officer arrests the
34	34	person is an offense under Section 49.045, Penal Code; or
35	35	(3) at the time of the arrest, the officer possesses or
36	36	receives reliable information from a credible source that the
37	37	person:
38	38	(A) has been previously convicted of or placed on
39	39	deferred adjudication community supervision for an offense under
40	40	Section 49.045, 49.07, or 49.08, Penal Code, or an offense under the
41	41	laws of another state containing elements substantially similar to
42	42	the elements of an offense under those sections; or
43	43	(B) on two or more occasions, has been previously
44	44	convicted of or placed on deferred adjudication community
45	45	supervision for an offense under Section 49.04, 49.05, 49.06, or
46	46	49.065, Penal Code, or an offense under the laws of another state
47	47	containing elements substantially similar to the elements of an
48	48	offense under those sections [and
49	49	[(4) the person refuses the officer's request to
50	50	submit to the taking of a specimen voluntarily].
51	51	(d) In this section, "bodily injury" and "serious bodily
52	52	injury" have [has] the meanings [meaning] assigned by Section 1.07,
53	53	Penal Code.
54	54	SECTION 3. Section 724.017, Transportation Code, is amended
55	55	by amending Subsection (b) and adding Subsection (d) to read as
56	56	follows:
57	57	(b) If the blood specimen was taken according to recognized
58	58	medical procedures, the [The] person who takes the blood specimen
59	59	under this chapter, the facility that employs the person who takes
60	60	the blood specimen, or the hospital where the blood specimen is
61	61	taken[,] is immune from civil liability [not liable] for damages
62	62	arising from the taking of the blood specimen at the request or
63	63	order of the peace officer or pursuant to a search warrant [to take
64	64	the blood specimen] as provided by this chapter and is not subject
65	65	to discipline by any licensing or accrediting agency or body [if the
66	66	blood specimen was taken according to recognized medical
67	67	procedures]. This subsection does not relieve a person from
68	68	liability for negligence in the taking of a blood specimen. The
69	69	taking of a specimen from a person who objects to the taking of the
70	70	specimen or who is resisting the taking of the specimen does not in
71	71	itself constitute negligence and may not be considered evidence of
72	72	negligence.
73	73	(d) A person whose blood specimen is taken under this
74	74	chapter in a hospital is not considered to be present in the
75	75	hospital for medical screening or treatment unless the appropriate
76	76	hospital personnel determine that medical screening or treatment is
77	77	required for proper medical care of the person.
78	78	SECTION 4. Article 18.01, Code of Criminal Procedure, is
79	79	amended by amending Subsection (c) and adding Subsection (j) to
80	80	read as follows:
81	81	(c) A search warrant may not be issued under Article
82	82	18.02(10) [pursuant to Subdivision (10) of Article 18.02 of this
83	83	code] unless the sworn affidavit required by Subsection (b) [of
84	84	this article] sets forth sufficient facts to establish probable
85	85	cause: (1) that a specific offense has been committed, (2) that the
86	86	specifically described property or items that are to be searched
87	87	for or seized constitute evidence of that offense or evidence that a
88	88	particular person committed that offense, and (3) that the property
89	89	or items constituting evidence to be searched for or seized are
90	90	located at or on the particular person, place, or thing to be
91	91	searched. Except as provided by Subsections (d)[,] and (i)[, and
92	92	(j)
93	93	a county court who is an attorney licensed by the State of Texas, a
94	94	statutory county court judge, a district court judge, a judge of the
95	95	Court of Criminal Appeals, including the presiding judge, or a
96	96	justice of the Supreme Court of Texas, including the chief justice,
97	97	may issue warrants under Article 18.02(10) [pursuant to Subdivision
98	98	(10), Article 18.02 of this code].
99	99	[(j) Any magistrate who is an attorney licensed by this
100	100	state may issue a search warrant under Article 18.02(10) to collect
101	101	a blood specimen from a person who:
102	102	(1) is arrested for an offense under Section 49.04,
103	103	49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
104	104	(2) refuses to submit to a breath or blood alcohol
105	105	test.]
106	106	SECTION 5. (a) Section 724.012, Transportation Code, as
107	107	amended by this Act, applies only to an offense committed on or
108	108	after the effective date of this Act. An offense committed before
109	109	the effective date of this Act is governed by the law in effect when
110	110	the offense was committed, and the former law is continued in effect
111	111	for that purpose. For purposes of this section, an offense was
112	112	committed before the effective date of this Act if any element of
113	113	the offense was committed before that date.
114	114	(b) Article 18.01, Code of Criminal Procedure, as amended by
115	115	this Act, applies only to a search warrant issued on or after the
116	116	effective date of this Act. A search warrant issued before the
117	117	effective date of this Act is governed by the law in effect on the
118	118	date the warrant was issued, and the former law is continued in
119	119	effect for that purpose.
120	120	SECTION 6. This Act takes effect September 1, 2009.