| 1 | 1 | | 84R13136 JSC-F |
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| 2 | 2 | | By: Geren H.B. No. 3312 |
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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 the taking of an additional specimen of a person's blood |
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| 8 | 8 | | on arrest for certain intoxication offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 724.019, Transportation Code, is amended |
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| 11 | 11 | | by adding Subsections (b-1), (b-2), and (d-1) and amending |
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| 12 | 12 | | Subsection (d) to read as follows: |
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| 13 | 13 | | (b-1) A person who requests an additional specimen of the |
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| 14 | 14 | | person's blood to be taken is responsible for the costs of the |
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| 15 | 15 | | taking and analysis of the specimen. |
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| 16 | 16 | | (b-2) A specimen taken under Subsection (a) is not required |
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| 17 | 17 | | to be analyzed in a laboratory accredited by the department to be |
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| 18 | 18 | | admissible as evidence in the trial of the offense for which the |
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| 19 | 19 | | specimen was taken. |
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| 20 | 20 | | (d) Except as provided by Subsection (d-1), the [The] |
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| 21 | 21 | | failure or inability to obtain an additional specimen or analysis |
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| 22 | 22 | | under this section does not preclude the admission of evidence |
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| 23 | 23 | | relating to the analysis of the specimen taken at the request or |
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| 24 | 24 | | order of the peace officer. |
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| 25 | 25 | | (d-1) If a peace officer or another person acting for or on |
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| 26 | 26 | | behalf of the state interferes with a person's request for an |
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| 27 | 27 | | independent test under this section, any evidence relating to the |
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| 28 | 28 | | analysis of a specimen taken at the request or order of the peace |
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| 29 | 29 | | officer is not admissible as evidence in the trial of the offense |
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| 30 | 30 | | for which the specimen was taken. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies to an |
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| 32 | 32 | | arrest that occurs on or after the effective date of this Act. An |
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| 33 | 33 | | arrest that occurs before the effective date of this Act is governed |
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| 34 | 34 | | by the law in effect on the date of the arrest, and the former law is |
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| 35 | 35 | | continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2015. |
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