| 1 | 1 | | 87R2138 MCF-D |
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| 2 | 2 | | By: Meza H.B. No. 1287 |
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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 a blood specimen on arrest for certain |
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| 8 | 8 | | 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. This Act may be cited as Colten's Law. |
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| 11 | 11 | | SECTION 2. Section 724.012, Transportation Code, is amended |
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| 12 | 12 | | by adding Subsection (a-1) and amending Subsections (b) and (c) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a-1) A peace officer shall require the taking of a specimen |
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| 15 | 15 | | of the person's blood if: |
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| 16 | 16 | | (1) the officer arrests the person for an offense |
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| 17 | 17 | | under Chapter 49, Penal Code, involving the operation of a motor |
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| 18 | 18 | | vehicle; |
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| 19 | 19 | | (2) the person refuses the officer's request to submit |
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| 20 | 20 | | to the taking of a specimen voluntarily; |
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| 21 | 21 | | (3) the person was the operator of a motor vehicle |
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| 22 | 22 | | involved in an accident involving a pedestrian; |
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| 23 | 23 | | (4) the officer reasonably believes that the accident |
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| 24 | 24 | | occurred as a result of the offense; and |
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| 25 | 25 | | (5) at the time of the arrest, the officer reasonably |
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| 26 | 26 | | believes that as a direct result of the accident the pedestrian has |
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| 27 | 27 | | died, will die, or has suffered serious bodily injury. |
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| 28 | 28 | | (b) Subject to Subsection (a-1), a [A] peace officer shall |
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| 29 | 29 | | require the taking of a specimen of the person's breath or blood |
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| 30 | 30 | | under any of the following circumstances if the officer arrests the |
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| 31 | 31 | | person for an offense under Chapter 49, Penal Code, involving the |
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| 32 | 32 | | operation of a motor vehicle or a watercraft and the person refuses |
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| 33 | 33 | | the officer's request to submit to the taking of a specimen |
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| 34 | 34 | | voluntarily: |
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| 35 | 35 | | (1) the person was the operator of a motor vehicle or a |
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| 36 | 36 | | watercraft involved in an accident that the officer reasonably |
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| 37 | 37 | | believes occurred as a result of the offense and, at the time of the |
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| 38 | 38 | | arrest, the officer reasonably believes that as a direct result of |
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| 39 | 39 | | the accident: |
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| 40 | 40 | | (A) any individual has died or will die; |
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| 41 | 41 | | (B) an individual other than the person has |
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| 42 | 42 | | suffered serious bodily injury; or |
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| 43 | 43 | | (C) an individual other than the person has |
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| 44 | 44 | | suffered bodily injury and been transported to a hospital or other |
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| 45 | 45 | | medical facility for medical treatment; |
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| 46 | 46 | | (2) the offense for which the officer arrests the |
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| 47 | 47 | | person is an offense under Section 49.045, Penal Code; or |
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| 48 | 48 | | (3) at the time of the arrest, the officer possesses or |
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| 49 | 49 | | receives reliable information from a credible source that the |
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| 50 | 50 | | person: |
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| 51 | 51 | | (A) has been previously convicted of or placed on |
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| 52 | 52 | | community supervision for an offense under Section 49.045, 49.07, |
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| 53 | 53 | | or 49.08, Penal Code, or an offense under the laws of another state |
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| 54 | 54 | | containing elements substantially similar to the elements of an |
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| 55 | 55 | | offense under those sections; or |
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| 56 | 56 | | (B) on two or more occasions, has been previously |
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| 57 | 57 | | convicted of or placed on community supervision for an offense |
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| 58 | 58 | | under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an |
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| 59 | 59 | | offense under the laws of another state containing elements |
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| 60 | 60 | | substantially similar to the elements of an offense under those |
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| 61 | 61 | | sections. |
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| 62 | 62 | | (c) Except as provided by Subsection (a-1), the [The] peace |
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| 63 | 63 | | officer shall designate the type of specimen to be taken. |
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| 64 | 64 | | SECTION 3. Section 724.013, Transportation Code, is amended |
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| 65 | 65 | | to read as follows: |
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| 66 | 66 | | Sec. 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON |
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| 67 | 67 | | REFUSES; EXCEPTION. Except as provided by Section 724.012(a-1) or |
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| 68 | 68 | | (b) [724.012(b)], a specimen may not be taken if a person refuses to |
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| 69 | 69 | | submit to the taking of a specimen designated by a peace officer. |
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| 70 | 70 | | SECTION 4. The change in law made by this Act applies only |
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| 71 | 71 | | to an arrest that occurs on or after the effective date of this Act. |
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| 72 | 72 | | An arrest that occurs before the effective date of this Act is |
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| 73 | 73 | | governed by the law in effect on the date the arrest occurred, and |
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| 74 | 74 | | the former law is continued in effect for that purpose. |
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| 75 | 75 | | SECTION 5. This Act takes effect September 1, 2021. |
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