Texas Senate Bill SB1787

Texas 2011 - 82nd Regular

• Introduced: 3/11/11
• Out of Senate Committee: 5/9/11
• Voted on by Senate: 5/12/11
• Refer: 3/23/11
• Out of House Committee: 5/21/11
• Report Pass: 5/9/11
• Voted on by House: 5/23/11
• Engrossed: 5/12/11
• Governor Action: 6/17/11
• Refer: 5/19/11
• Report Pass: 5/19/11
• Enrolled: 5/23/11
• Passed: 6/17/11

Caption

Relating to the information provided by a peace officer before requesting a specimen to determine intoxication.

Impact

By establishing clear guidelines for peace officers, SB1787 aims to streamline the process of handling cases involving potential intoxication. It delineates the rights of suspected individuals, outlining their obligations and the ramifications of non-compliance. The provision that refusal to submit to a specimen can be used as admissible evidence in court is particularly significant, as it may influence a person’s decision-making during a critical encounter with law enforcement. The amended text seeks to enhance the consistency and transparency of how such situations are managed across the state.

Summary

SB1787 addresses the requirements for peace officers in Texas when they request a specimen to determine a person's level of intoxication. This bill amends Section 724.015 of the Transportation Code to mandate that officers provide specific information both orally and in writing before making such a request. This information includes the consequences of refusing the specimen request, which could lead to automatic suspension of the individual’s driver's license, even if they are not prosecuted. The bill aims to clarify the legal implications and the rights of individuals when stopped by law enforcement officers regarding intoxication assessments.

Contention

One notable point of contention surrounding SB1787 involves the balance between enforcing laws related to public safety and respecting individual rights. Proponents argue that making the risks clear can deter intoxicated driving and save lives. However, opponents may express concern that such measures might unduly pressure individuals into compliance without understanding their legal rights fully. The language in the bill emphasizes the need for thorough communication by officers, which is crucial for ensuring that individuals are aware of their rights and the consequences of their decisions.

Overall_effect

SB1787, effective as of September 1, 2011, represents a significant change in the legal landscape regarding intoxication assessments in Texas. By clarifying the information that must be communicated, it attempts to protect both public safety and individual rights in situations involving potential drunk driving. The bill’s emphasis on transparency and legal awareness may lead to more informed choices by those stopped by law enforcement, potentially impacting future legislative discussions around intoxication and driving laws.