Texas House Bill HB1287

Texas 2021 - 87th Regular

Caption

Relating to the taking of a blood specimen on arrest for certain intoxication offenses.

Impact

The legislation modifies existing laws in the Transportation Code by establishing stricter requirements regarding when and how blood samples can be taken from individuals arrested for intoxication offenses. By emphasizing situations involving serious harm or death, the bill aims to enhance public safety and deter driving while intoxicated—particularly during incidents that result in pedestrian injuries or fatalities. The law's implementation is intended to provide additional enforcement tools for peace officers in ensuring accountability for those who drive under the influence.

Summary

House Bill 1287, referred to as Colten's Law, seeks to adjust the requirements for law enforcement regarding the taking of blood specimens in particular intoxication offenses. The bill specifically mandates that a peace officer must require a blood sample in situations where an individual is arrested under Chapter 49 of the Penal Code for operating a vehicle and has refused to submit to a voluntary specimen collection. This is crucial when the arrest follows an accident with a pedestrian, particularly where there is reason to believe that the pedestrian has died or sustained serious injuries due to the accident.

Contention

Notably, the bill may incite debates regarding individual rights and the due process afforded to individuals during arrests. Critics might argue that coercing blood samples could infringe upon personal liberties and raise concerns about how such measures are enforced. Furthermore, understanding the efficacy of this law in genuinely reducing intoxication-related accidents will be essential in gauging its overall impact. The introduction of such legislative changes may also lead to discussions about the balance between protecting public safety and maintaining civil liberties.