BILL ANALYSIS Senate Research Center S.B. 1787 82R6951 JSC-F By: Patrick Criminal Justice 4/29/2011 As Filed
BILL ANALYSIS
Senate Research Center S.B. 1787
82R6951 JSC-F By: Patrick
Criminal Justice
4/29/2011
As Filed
Senate Research Center
S.B. 1787
82R6951 JSC-F
By: Patrick
Criminal Justice
4/29/2011
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Many driving while intoxicated incidents result in the application for a warrant authorizing the taking of a specimen from the suspect. Currently, there is doubt as to whether it constitutes coercion for a police officer to inform a person that if he or she refuses to submit to the taking of a specimen, the police officer may apply for a warrant authorizing the taking of a specimen. S.B. 1787 would remove this doubt by requiring officers to inform a personbefore requesting that person to submit to the taking of a specimenthat if the person refuses to submit to the taking of a specimen, the officer may apply for a warrant authorizing the taking of that specimen. This ensures that the defendant is warned of all of the ramifications of refusing a breath test. As proposed, S.B. 1787 amends current law relating to the information provided by a peace officer before requesting a specimen to determine intoxication. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 724.015, Transportation Code, as follows: Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE REQUESTING SPECIMEN. Requires an officer, before requesting a person to submit to the taking of a specimen, to inform the person orally and in writing that: (1)-(2) Makes no changes to these subdivisions; (3) if the person refuses to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from the person; and (4)-(7) Makes nonsubstantive changes. SECTION 2. Effective date: September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Many driving while intoxicated incidents result in the application for a warrant authorizing the taking of a specimen from the suspect. Currently, there is doubt as to whether it constitutes coercion for a police officer to inform a person that if he or she refuses to submit to the taking of a specimen, the police officer may apply for a warrant authorizing the taking of a specimen.
S.B. 1787 would remove this doubt by requiring officers to inform a personbefore requesting that person to submit to the taking of a specimenthat if the person refuses to submit to the taking of a specimen, the officer may apply for a warrant authorizing the taking of that specimen. This ensures that the defendant is warned of all of the ramifications of refusing a breath test.
As proposed, S.B. 1787 amends current law relating to the information provided by a peace officer before requesting a specimen to determine intoxication.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 724.015, Transportation Code, as follows:
Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE REQUESTING SPECIMEN. Requires an officer, before requesting a person to submit to the taking of a specimen, to inform the person orally and in writing that:
(1)-(2) Makes no changes to these subdivisions;
(3) if the person refuses to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from the person; and
(4)-(7) Makes nonsubstantive changes.
SECTION 2. Effective date: September 1, 2011.