Texas 2009 - 81st Regular

Texas Senate Bill SB328 Compare Versions

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1	1	S.B. No. 328
2	2
3	3
4	4	AN ACT
5	5	relating to operating a motor vehicle or a watercraft while
6	6	intoxicated or under the influence of alcohol.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. This Act shall be known as the Nicole "Lilly"
9	9	Lalime Act.
10	10	SECTION 2. The heading to Section 106.041, Alcoholic
11	11	Beverage Code, is amended to read as follows:
12	12	Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE
13	13	INFLUENCE OF ALCOHOL BY MINOR.
14	14	SECTION 3. Subsections (a) and (g), Section 106.041,
15	15	Alcoholic Beverage Code, are amended to read as follows:
16	16	(a) A minor commits an offense if the minor operates a motor
17	17	vehicle in a public place, or a watercraft, while having any
18	18	detectable amount of alcohol in the minor's system.
19	19	(g) An offense under this section is not a lesser included
20	20	offense under Section 49.04, 49.045, or 49.06, Penal Code.
21	21	SECTION 4. Subsection (j), Section 106.041, Alcoholic
22	22	Beverage Code, is amended by adding Subdivision (4) to read as
23	23	follows:
24	24	(4) "Watercraft" has the meaning assigned by Section
25	25	49.01, Penal Code.
26	26	SECTION 5. Article 18.01, Code of Criminal Procedure, is
27	27	amended by amending Subsection (c) and adding Subsection (j) to
28	28	read as follows:
29	29	(c) A search warrant may not be issued under Article
30	30	18.02(10) [pursuant to Subdivision (10) of Article 18.02 of this
31	31	code] unless the sworn affidavit required by Subsection (b) [of
32	32	this article] sets forth sufficient facts to establish probable
33	33	cause: (1) that a specific offense has been committed, (2) that the
34	34	specifically described property or items that are to be searched
35	35	for or seized constitute evidence of that offense or evidence that a
36	36	particular person committed that offense, and (3) that the property
37	37	or items constituting evidence to be searched for or seized are
38	38	located at or on the particular person, place, or thing to be
39	39	searched. Except as provided by Subsections (d), [and] (i), and (j)
40	40	[of this article], only a judge of a municipal court of record or a
41	41	county court who is an attorney licensed by the State of Texas, a
42	42	statutory county court judge, a district court judge, a judge of the
43	43	Court of Criminal Appeals, including the presiding judge, or a
44	44	justice of the Supreme Court of Texas, including the chief justice,
45	45	may issue warrants under Article 18.02(10) [pursuant to Subdivision
46	46	(10), Article 18.02 of this code].
47	47	(j) Any magistrate who is an attorney licensed by this state
48	48	may issue a search warrant under Article 18.02(10) to collect a
49	49	blood specimen from a person who:
50	50	(1) is arrested for an offense under Section 49.04,
51	51	49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
52	52	(2) refuses to submit to a breath or blood alcohol
53	53	test.
54	54	SECTION 6. Subsections (h) and (n), Section 13, Article
55	55	42.12, Code of Criminal Procedure, are amended to read as follows:
56	56	(h) If a person convicted of an offense under Sections
57	57	49.04-49.08, Penal Code, is placed on community supervision, the
58	58	judge shall require, as a condition of the community supervision,
59	59	that the defendant attend and successfully complete before the
60	60	181st day after the day community supervision is granted an
61	61	educational program jointly approved by the Texas Commission on
62	62	Alcohol and Drug Abuse, the Department of Public Safety, the
63	63	Traffic Safety Section of the Texas Department of Transportation,
64	64	and the community justice assistance division of the Texas
65	65	Department of Criminal Justice designed to rehabilitate persons who
66	66	have driven while intoxicated. The Texas Commission on Alcohol and
67	67	Drug Abuse shall publish the jointly approved rules and shall
68	68	monitor, coordinate, and provide training to persons providing the
69	69	educational programs. The Texas Commission on Alcohol and Drug
70	70	Abuse is responsible for the administration of the certification of
71	71	approved educational programs and may charge a nonrefundable
72	72	application fee for the initial certification of approval and for
73	73	renewal of a certificate. The judge may waive the educational
74	74	program requirement or may grant an extension of time to
75	75	successfully complete the program that expires not later than one
76	76	year after the beginning date of the person's community
77	77	supervision, however, if the defendant by a motion in writing shows
78	78	good cause. In determining good cause, the judge may consider but
79	79	is not limited to: the defendant's school and work schedule, the
80	80	defendant's health, the distance that the defendant must travel to
81	81	attend an educational program, and the fact that the defendant
82	82	resides out of state, has no valid driver's license, or does not
83	83	have access to transportation. The judge shall set out the finding
84	84	of good cause for waiver in the judgment. If a defendant is
85	85	required, as a condition of community supervision, to attend an
86	86	educational program or if the court waives the educational program
87	87	requirement, the court clerk shall immediately report that fact to
88	88	the Department of Public Safety, on a form prescribed by the
89	89	department, for inclusion in the person's driving record. If the
90	90	court grants an extension of time in which the person may complete
91	91	the program, the court clerk shall immediately report that fact to
92	92	the Department of Public Safety on a form prescribed by the
93	93	department. The report must include the beginning date of the
94	94	person's community supervision. Upon the person's successful
95	95	completion of the educational program, the person's instructor
96	96	shall give notice to the Department of Public Safety for inclusion
97	97	in the person's driving record and to the community supervision and
98	98	corrections department. The community supervision and corrections
99	99	department shall then forward the notice to the court clerk for
100	100	filing. If the Department of Public Safety does not receive notice
101	101	that a defendant required to complete an educational program has
102	102	successfully completed the program within the period required by
103	103	this section, as shown on department records, the department shall
104	104	revoke the defendant's driver's license, permit, or privilege or
105	105	prohibit the person from obtaining a license or permit, as provided
106	106	by Sections 521.344(e) and (f), Transportation Code. The
107	107	Department of Public Safety may not reinstate a license suspended
108	108	under this subsection unless the person whose license was suspended
109	109	makes application to the department for reinstatement of the
110	110	person's license and pays to the department a reinstatement fee of
111	111	$100 [$50]. The Department of Public Safety shall remit all fees
112	112	collected under this subsection to the comptroller for deposit in
113	113	the general revenue fund. This subsection does not apply to a
114	114	defendant if a jury recommends community supervision for the
115	115	defendant and also recommends that the defendant's driver's license
116	116	not be suspended.
117	117	(n) Notwithstanding any other provision of this section or
118	118	other law, the judge who places on community supervision a
119	119	defendant who was [is] younger than 21 years of age at the time of
120	120	the offense and was convicted for an offense under Sections
121	121	49.04-49.08, Penal Code, shall:
122	122	(1) order that the defendant's driver's license be
123	123	suspended for 90 days beginning on the date that the person is
124	124	placed on community supervision; and
125	125	(2) require as a condition of community supervision
126	126	that the defendant not operate a motor vehicle unless the vehicle is
127	127	equipped with the device described by Subsection (i) of this
128	128	section.
129	129	SECTION 7. Section 521.341, Transportation Code, is amended
130	130	to read as follows:
131	131	Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE
132	132	SUSPENSION. Except as provided by Sections 521.344(d)-(i), a
133	133	license is automatically suspended on final conviction of the
134	134	license holder of:
135	135	(1) an offense under Section 19.05, Penal Code,
136	136	committed as a result of the holder's criminally negligent
137	137	operation of a motor vehicle;
138	138	(2) an offense under Section 38.04, Penal Code, if the
139	139	holder used a motor vehicle in the commission of the offense;
140	140	(3) an offense under Section 49.04, 49.045, or 49.08,
141	141	Penal Code;
142	142	(4) an offense under Section 49.07, Penal Code, if the
143	143	holder used a motor vehicle in the commission of the offense;
144	144	(5) an offense punishable as a felony under the motor
145	145	vehicle laws of this state;
146	146	(6) an offense under Section 550.021;
147	147	(7) an offense under Section 521.451 or 521.453; or
148	148	(8) an offense under Section 19.04, Penal Code, if the
149	149	holder used a motor vehicle in the commission of the offense.
150	150	SECTION 8. Subsections (a) and (b), Section 521.342,
151	151	Transportation Code, are amended to read as follows:
152	152	(a) Except as provided by Section 521.344, the license of a
153	153	person who was under 21 years of age at the time of the offense,
154	154	other than an offense classified as a misdemeanor punishable by
155	155	fine only, is automatically suspended on conviction of:
156	156	(1) an offense under Section 49.04, 49.045, or 49.07,
157	157	Penal Code, committed as a result of the introduction of alcohol
158	158	into the body;
159	159	(2) an offense under the Alcoholic Beverage Code,
160	160	other than an offense to which Section 106.071 of that code applies,
161	161	involving the manufacture, delivery, possession, transportation,
162	162	or use of an alcoholic beverage;
163	163	(3) a misdemeanor offense under Chapter 481, Health
164	164	and Safety Code, for which Subchapter P does not require the
165	165	automatic suspension of the license;
166	166	(4) an offense under Chapter 483, Health and Safety
167	167	Code, involving the manufacture, delivery, possession,
168	168	transportation, or use of a dangerous drug; or
169	169	(5) an offense under Chapter 485, Health and Safety
170	170	Code, involving the manufacture, delivery, possession,
171	171	transportation, or use of an abusable volatile chemical.
172	172	(b) The department shall suspend for one year the license of
173	173	a person who is under 21 years of age and is convicted of an offense
174	174	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
175	175	regardless of whether the person is required to attend an
176	176	educational program under Section 13(h), Article 42.12, Code of
177	177	Criminal Procedure, that is designed to rehabilitate persons who
178	178	have operated motor vehicles while intoxicated, unless the person
179	179	is placed under community supervision under that article and is
180	180	required as a condition of the community supervision to not operate
181	181	a motor vehicle unless the vehicle is equipped with the device
182	182	described by Section 13(i) of that article. If the person is
183	183	required to attend such a program and does not complete the program
184	184	before the end of the person's suspension, the department shall
185	185	suspend the person's license or continue the suspension, as
186	186	appropriate, until the department receives proof that the person
187	187	has successfully completed the program. On the person's successful
188	188	completion of the program, the person's instructor shall give
189	189	notice to the department and to the community supervision and
190	190	corrections department in the manner provided by Section 13(h),
191	191	Article 42.12, Code of Criminal Procedure.
192	192	SECTION 9. Subsections (a), (c), and (i), Section 521.344,
193	193	Transportation Code, are amended to read as follows:
194	194	(a) Except as provided by Sections 521.342(b) and 521.345,
195	195	and by Subsections (d)-(i), if a person is convicted of an offense
196	196	under Section 49.04, 49.045, or 49.07, Penal Code, the license
197	197	suspension:
198	198	(1) begins on a date set by the court that is not
199	199	earlier than the date of the conviction or later than the 30th day
200	200	after the date of the conviction, as determined by the court; and
201	201	(2) continues for a period set by the court according
202	202	to the following schedule:
203	203	(A) not less than 90 days or more than one year,
204	204	if the person is punished under Section 49.04, 49.045, or 49.07,
205	205	Penal Code, except that if the person's license is suspended for a
206	206	second or subsequent offense under Section 49.07 committed within
207	207	five years of the date on which the most recent preceding offense
208	208	was committed, the suspension continues for a period of one year;
209	209	(B) not less than 180 days or more than two years,
210	210	if the person is punished under Section 49.09(a) or (b), Penal Code;
211	211	or
212	212	(C) not less than one year or more than two years,
213	213	if the person is punished under Section 49.09(a) or (b), Penal Code,
214	214	and is subject to Section 49.09(h) of that code.
215	215	(c) The court shall credit toward the period of suspension a
216	216	suspension imposed on the person for refusal to give a specimen
217	217	under Chapter 724 if the refusal followed an arrest for the same
218	218	offense for which the court is suspending the person's license
219	219	under this chapter. The court may not extend the credit to a
220	220	person:
221	221	(1) who has been previously convicted of an offense
222	222	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or
223	223	(2) whose period of suspension is governed by Section
224	224	521.342(b).
225	225	(i) On the date that a suspension order under Section
226	226	521.343(c) is to expire, the period of suspension or the
227	227	corresponding period in which the department is prohibited from
228	228	issuing a license is automatically increased to two years unless
229	229	the department receives notice of successful completion of the
230	230	educational program as required by Section 13, Article 42.12, Code
231	231	of Criminal Procedure. At the time a person is convicted of an
232	232	offense under Section 49.04 or 49.045, Penal Code, the court shall
233	233	warn the person of the effect of this subsection. On the person's
234	234	successful completion of the program, the person's instructor shall
235	235	give notice to the department and to the community supervision and
236	236	corrections department in the manner required by Section 13,
237	237	Article 42.12, Code of Criminal Procedure. If the department
238	238	receives proof of completion after a period has been extended under
239	239	this subsection, the department shall immediately end the
240	240	suspension or prohibition.
241	241	SECTION 10. Subdivision (3), Section 524.001,
242	242	Transportation Code, is amended to read as follows:
243	243	(3) "Alcohol-related or drug-related enforcement
244	244	contact" means a driver's license suspension, disqualification, or
245	245	prohibition order under the laws of this state or another state
246	246	resulting from:
247	247	(A) a conviction of an offense prohibiting the
248	248	operation of a motor vehicle or watercraft while:
249	249	(i) intoxicated;
250	250	(ii) under the influence of alcohol; or
251	251	(iii) under the influence of a controlled
252	252	substance;
253	253	(B) a refusal to submit to the taking of a breath
254	254	or blood specimen following an arrest for an offense prohibiting
255	255	the operation of a motor vehicle or an offense prohibiting the
256	256	operation of a watercraft, if the watercraft was powered with an
257	257	engine having a manufacturer's rating of 50 horsepower or more,
258	258	while:
259	259	(i) intoxicated;
260	260	(ii) under the influence of alcohol; or
261	261	(iii) under the influence of a controlled
262	262	substance; or
263	263	(C) an analysis of a breath or blood specimen
264	264	showing an alcohol concentration of a level specified by Section
265	265	49.01, Penal Code, following an arrest for an offense prohibiting
266	266	the operation of a motor vehicle or watercraft while intoxicated.
267	267	SECTION 11. Subsection (a), Section 524.011,
268	268	Transportation Code, is amended to read as follows:
269	269	(a) An officer arresting a person shall comply with
270	270	Subsection (b) if:
271	271	(1) the person is arrested for an offense under
272	272	Section 49.04, 49.045, or 49.06, Penal Code, or an offense under
273	273	Section 49.07 or 49.08 of that code involving the operation of a
274	274	motor vehicle or watercraft, submits to the taking of a specimen of
275	275	breath or blood and an analysis of the specimen shows the person had
276	276	an alcohol concentration of a level specified by Section
277	277	49.01(2)(B), Penal Code; or
278	278	(2) the person is a minor arrested for an offense under
279	279	Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045,
280	280	or 49.06, Penal Code, or an offense under Section 49.07 or 49.08,
281	281	Penal Code, involving the operation of a motor vehicle or
282	282	watercraft and:
283	283	(A) the minor is not requested to submit to the
284	284	taking of a specimen; or
285	285	(B) the minor submits to the taking of a specimen
286	286	and an analysis of the specimen shows that the minor had an alcohol
287	287	concentration of greater than .00 but less than the level specified
288	288	by Section 49.01(2)(B), Penal Code.
289	289	SECTION 12. Subsection (b), Section 524.012,
290	290	Transportation Code, is amended to read as follows:
291	291	(b) The department shall suspend the person's driver's
292	292	license if the department determines that:
293	293	(1) the person had an alcohol concentration of a level
294	294	specified by Section 49.01(2)(B), Penal Code, while operating a
295	295	motor vehicle in a public place or while operating a watercraft; or
296	296	(2) the person was [is] a minor on the date that the
297	297	breath or blood specimen was obtained and had any detectable amount
298	298	of alcohol in the minor's system while operating a motor vehicle in
299	299	a public place or while operating a watercraft.
300	300	SECTION 13. Subsection (b), Section 524.015,
301	301	Transportation Code, is amended to read as follows:
302	302	(b) A suspension may not be imposed under this chapter on a
303	303	person who is acquitted of a criminal charge under Section 49.04,
304	304	49.045, 49.06, 49.07, or 49.08, Penal Code, or Section 106.041,
305	305	Alcoholic Beverage Code, arising from the occurrence that was the
306	306	basis for the suspension. If a suspension was imposed before the
307	307	acquittal, the department shall rescind the suspension and shall
308	308	remove any reference to the suspension from the person's
309	309	computerized driving record.
310	310	SECTION 14. Subsection (b), Section 524.022,
311	311	Transportation Code, is amended to read as follows:
312	312	(b) A period of suspension under this chapter for a minor
313	313	is:
314	314	(1) 60 days if the minor has not been previously
315	315	convicted of an offense under Section 106.041, Alcoholic Beverage
316	316	Code, or Section 49.04, 49.045, or 49.06, Penal Code, or an offense
317	317	under Section 49.07 or 49.08, Penal Code, involving the operation
318	318	of a motor vehicle or a watercraft;
319	319	(2) 120 days if the minor has been previously
320	320	convicted once of an offense listed by Subdivision (1); or
321	321	(3) 180 days if the minor has been previously
322	322	convicted twice or more of an offense listed by Subdivision (1).
323	323	SECTION 15. Section 524.023, Transportation Code, is
324	324	amended to read as follows:
325	325	Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS.
326	326	(a) If a person is convicted of an offense under Section 106.041,
327	327	Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, 49.07, or
328	328	49.08, Penal Code, and if any conduct on which that conviction is
329	329	based is a ground for a driver's license suspension under this
330	330	chapter and Section 106.041, Alcoholic Beverage Code, Subchapter O,
331	331	Chapter 521, or Subchapter H, Chapter 522, each of the suspensions
332	332	shall be imposed.
333	333	(b) The court imposing a driver's license suspension under
334	334	Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
335	335	required by Subsection (a) shall credit a period of suspension
336	336	imposed under this chapter toward the period of suspension required
337	337	under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
338	338	Chapter 521, or Subchapter H, Chapter 522, unless the person was
339	339	convicted of an offense under Article 6701l-1, Revised Statutes, as
340	340	that law existed before September 1, 1994, Section 19.05(a)(2),
341	341	Penal Code, as that law existed before September 1, 1994, Section
342	342	49.04, 49.045, 49.06, 49.07, or 49.08, Penal Code, or Section
343	343	106.041, Alcoholic Beverage Code, before the date of the conviction
344	344	on which the suspension is based, in which event credit may not be
345	345	given.
346	346	SECTION 16. Subsections (a) and (d), Section 524.035,
347	347	Transportation Code, are amended to read as follows:
348	348	(a) The issues that must be proved at a hearing by a
349	349	preponderance of the evidence are:
350	350	(1) whether:
351	351	(A) the person had an alcohol concentration of a
352	352	level specified by Section 49.01(2)(B), Penal Code, while operating
353	353	a motor vehicle in a public place or while operating a watercraft;
354	354	or
355	355	(B) the person was [is] a minor on the date that
356	356	the breath or blood specimen was obtained and had any detectable
357	357	amount of alcohol in the minor's system while operating a motor
358	358	vehicle in a public place or while operating a watercraft; and
359	359	(2) whether reasonable suspicion to stop or probable
360	360	cause to arrest the person existed.
361	361	(d) An administrative law judge may not find in the
362	362	affirmative on the issue in Subsection (a)(1) if:
363	363	(1) the person is an adult and the analysis of the
364	364	person's breath or blood determined that the person had an alcohol
365	365	concentration of a level below that specified by Section 49.01,
366	366	Penal Code, at the time the specimen was taken; or
367	367	(2) the person was [is] a minor on the date that the
368	368	breath or blood specimen was obtained and the administrative law
369	369	judge does not find that the minor had any detectable amount of
370	370	alcohol in the minor's system when the minor was arrested.
371	371	SECTION 17. Subsection (a), Section 524.042,
372	372	Transportation Code, is amended to read as follows:
373	373	(a) A suspension of a driver's license under this chapter is
374	374	stayed on the filing of an appeal petition only if:
375	375	(1) the person's driver's license has not been
376	376	suspended as a result of an alcohol-related or drug-related
377	377	enforcement contact during the five years preceding the date of the
378	378	person's arrest; and
379	379	(2) the person has not been convicted during the 10
380	380	years preceding the date of the person's arrest of an offense under:
381	381	(A) Article 6701l-1, Revised Statutes, as that
382	382	law existed before September 1, 1994;
383	383	(B) Section 19.05(a)(2), Penal Code, as that law
384	384	existed before September 1, 1994;
385	385	(C) Section 49.04, 49.045, or 49.06, Penal Code;
386	386	(D) Section 49.07 or 49.08, Penal Code, if the
387	387	offense involved the operation of a motor vehicle or a watercraft;
388	388	or
389	389	(E) Section 106.041, Alcoholic Beverage Code.
390	390	SECTION 18. Subsections (b) and (d), Section 724.012,
391	391	Transportation Code, are amended to read as follows:
392	392	(b) A peace officer shall require the taking of a specimen
393	393	of the person's breath or blood under any of the following
394	394	circumstances if[:
395	395	[(1)] the officer arrests the person for an offense
396	396	under Chapter 49, Penal Code, involving the operation of a motor
397	397	vehicle or a watercraft and the person refuses the officer's
398	398	request to submit to the taking of a specimen voluntarily:[;]
399	399	(1) [(2)] the person was the operator of a motor
400	400	vehicle or a watercraft involved in an accident that the officer
401	401	reasonably believes occurred as a result of the offense and,[;
402	402	[(3)] at the time of the arrest, the officer
403	403	reasonably believes that as a direct result of the accident:
404	404	(A) any individual has died or will die; [or]
405	405	(B) an individual other than the person has
406	406	suffered serious bodily injury; or
407	407	(C) an individual other than the person has
408	408	suffered bodily injury and been transported to a hospital or other
409	409	medical facility for medical treatment;
410	410	(2) the offense for which the officer arrests the
411	411	person is an offense under Section 49.045, Penal Code; or
412	412	(3) at the time of the arrest, the officer possesses or
413	413	receives reliable information from a credible source that the
414	414	person:
415	415	(A) has been previously convicted of or placed on
416	416	community supervision for an offense under Section 49.045, 49.07,
417	417	or 49.08, Penal Code, or an offense under the laws of another state
418	418	containing elements substantially similar to the elements of an
419	419	offense under those sections; or
420	420	(B) on two or more occasions, has been previously
421	421	convicted of or placed on community supervision for an offense
422	422	under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an
423	423	offense under the laws of another state containing elements
424	424	substantially similar to the elements of an offense under those
425	425	sections [and
426	426	[(4) the person refuses the officer's request to
427	427	submit to the taking of a specimen voluntarily].
428	428	(d) In this section, "bodily injury" and "serious bodily
429	429	injury" have [has] the meanings [meaning] assigned by Section 1.07,
430	430	Penal Code.
431	431	SECTION 19. Section 724.017, Transportation Code, is
432	432	amended by amending Subsection (b) and adding Subsection (d) to
433	433	read as follows:
434	434	(b) If the blood specimen was taken according to recognized
435	435	medical procedures, the [The] person who takes the blood specimen
436	436	under this chapter, the facility that employs the person who takes
437	437	the blood specimen, or the hospital where the blood specimen is
438	438	taken[,] is immune from civil liability [not liable] for damages
439	439	arising from the taking of the blood specimen at the request or
440	440	order of the peace officer or pursuant to a search warrant [to take
441	441	the blood specimen] as provided by this chapter and is not subject
442	442	to discipline by any licensing or accrediting agency or body [if the
443	443	blood specimen was taken according to recognized medical
444	444	procedures]. This subsection does not relieve a person from
445	445	liability for negligence in the taking of a blood specimen. The
446	446	taking of a specimen from a person who objects to the taking of the
447	447	specimen or who is resisting the taking of the specimen does not in
448	448	itself constitute negligence and may not be considered evidence of
449	449	negligence.
450	450	(d) A person whose blood specimen is taken under this
451	451	chapter in a hospital is not considered to be present in the
452	452	hospital for medical screening or treatment unless the appropriate
453	453	hospital personnel determine that medical screening or treatment is
454	454	required for proper medical care of the person.
455	455	SECTION 20. (a) The change in law to Article 18.01, Code of
456	456	Criminal Procedure, applies only to a search warrant issued on or
457	457	after the effective date of this Act. A search warrant issued
458	458	before the effective date of this Act is governed by the law in
459	459	effect on the date the warrant was issued, and the former law is
460	460	continued in effect for that purpose.
461	461	(b) The changes in law to Chapters 521 and 524 and Section
462	462	724.012, Transportation Code, and Section 13, Article 42.12, Code
463	463	of Criminal Procedure, apply only to an offense committed on or
464	464	after the effective date of this Act. An offense committed before
465	465	the effective date of this Act is covered by the law in effect when
466	466	the offense was committed, and the former law is continued in effect
467	467	for that purpose. For purposes of this section, an offense was
468	468	committed before the effective date of this Act if any element of
469	469	the offense was committed before that date.
470	470	SECTION 21. This Act takes effect September 1, 2009.
471	471	______________________________ ______________________________
472	472	President of the Senate Speaker of the House
473	473	I hereby certify that S.B. No. 328 passed the Senate on
474	474	March 19, 2009, by the following vote: Yeas 31, Nays 0;
475	475	May 28, 2009, Senate refused to concur in House amendments and
476	476	requested appointment of Conference Committee; May 29, 2009, House
477	477	granted request of the Senate; May 31, 2009, Senate adopted
478	478	Conference Committee Report by the following vote: Yeas 29,
479	479	Nays 2.
480	480	______________________________
481	481	Secretary of the Senate
482	482	I hereby certify that S.B. No. 328 passed the House, with
483	483	amendments, on May 19, 2009, by the following vote: Yeas 140,
484	484	Nays 1, three present not voting; May 29, 2009, House granted
485	485	request of the Senate for appointment of Conference Committee;
486	486	May 31, 2009, House adopted Conference Committee Report by the
487	487	following vote: Yeas 145, Nays 0, one present not voting.
488	488	______________________________
489	489	Chief Clerk of the House
490	490	Approved:
491	491	______________________________
492	492	Date
493	493	______________________________
494	494	Governor