| 1 | 1 | | 83R3844 GCB-D |
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| 2 | 2 | | By: King of Parker H.B. No. 1658 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring the arrest and collection of a breath or blood |
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| 8 | 8 | | specimen of persons operating a motor vehicle or watercraft while |
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| 9 | 9 | | intoxicated under certain circumstances. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 724.012(b), Transportation Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (b) A peace officer shall arrest a person and require the |
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| 14 | 14 | | taking of a specimen of the person's breath or blood under any of |
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| 15 | 15 | | the following circumstances if the officer has probable cause to |
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| 16 | 16 | | arrest [arrests] the person for an offense under Chapter 49, Penal |
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| 17 | 17 | | Code, involving the operation of a motor vehicle or a watercraft and |
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| 18 | 18 | | the person refuses the officer's request to submit to the taking of |
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| 19 | 19 | | a specimen voluntarily: |
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| 20 | 20 | | (1) the person was the operator of a motor vehicle or a |
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| 21 | 21 | | watercraft involved in an accident that the officer reasonably |
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| 22 | 22 | | believes occurred as a result of the offense and, at the time of the |
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| 23 | 23 | | arrest, the officer reasonably believes that as a direct result of |
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| 24 | 24 | | the accident: |
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| 25 | 25 | | (A) any individual has died or will die; |
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| 26 | 26 | | (B) an individual other than the person has |
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| 27 | 27 | | suffered serious bodily injury; or |
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| 28 | 28 | | (C) an individual other than the person has |
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| 29 | 29 | | suffered bodily injury and been transported to a hospital or other |
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| 30 | 30 | | medical facility for medical treatment; |
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| 31 | 31 | | (2) the offense for which the officer arrests the |
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| 32 | 32 | | person is an offense under Section 49.045, Penal Code; or |
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| 33 | 33 | | (3) at the time of the arrest, the officer possesses or |
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| 34 | 34 | | receives reliable information from a credible source that the |
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| 35 | 35 | | person: |
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| 36 | 36 | | (A) has been previously convicted of or placed on |
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| 37 | 37 | | community supervision for an offense under Section 49.045, 49.07, |
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| 38 | 38 | | or 49.08, Penal Code, or an offense under the laws of another state |
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| 39 | 39 | | containing elements substantially similar to the elements of an |
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| 40 | 40 | | offense under those sections; or |
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| 41 | 41 | | (B) on two or more occasions, has been previously |
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| 42 | 42 | | convicted of or placed on community supervision for an offense |
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| 43 | 43 | | under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an |
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| 44 | 44 | | offense under the laws of another state containing elements |
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| 45 | 45 | | substantially similar to the elements of an offense under those |
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| 46 | 46 | | sections. |
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| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
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| 48 | 48 | | to an offense committed on or after the effective date of this Act. |
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| 49 | 49 | | An offense committed before the effective date of this Act is |
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| 50 | 50 | | governed by the law in effect on the date the offense was committed, |
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| 51 | 51 | | and the former law is continued in effect for that purpose. For |
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| 52 | 52 | | purposes of this section, an offense was committed before the |
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| 53 | 53 | | effective date of this Act if any element of the offense occurred |
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| 54 | 54 | | before that date. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2013. |
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