87R2138 MCF-D
By: Meza H.B. No. 1287
A BILL TO BE ENTITLED
AN ACT
relating to the taking of a blood specimen on arrest for certain
intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Colten's Law.
SECTION 2. Section 724.012, Transportation Code, is amended
by adding Subsection (a-1) and amending Subsections (b) and (c) to
read as follows:
(a-1) A peace officer shall require the taking of a specimen
of the person's blood if:
(1) the officer arrests the person for an offense
under Chapter 49, Penal Code, involving the operation of a motor
vehicle;
(2) the person refuses the officer's request to submit
to the taking of a specimen voluntarily;
(3) the person was the operator of a motor vehicle
involved in an accident involving a pedestrian;
(4) the officer reasonably believes that the accident
occurred as a result of the offense; and
(5) at the time of the arrest, the officer reasonably
believes that as a direct result of the accident the pedestrian has
died, will die, or has suffered serious bodily injury.
(b) Subject to Subsection (a-1), a [A] peace officer shall
require the taking of a specimen of the person's breath or blood
under any of the following circumstances if the officer arrests the
person for an offense under Chapter 49, Penal Code, involving the
operation of a motor vehicle or a watercraft and the person refuses
the officer's request to submit to the taking of a specimen
voluntarily:
(1) the person was the operator of a motor vehicle or a
watercraft involved in an accident that the officer reasonably
believes occurred as a result of the offense and, at the time of the
arrest, the officer reasonably believes that as a direct result of
the accident:
(A) any individual has died or will die;
(B) an individual other than the person has
suffered serious bodily injury; or
(C) an individual other than the person has
suffered bodily injury and been transported to a hospital or other
medical facility for medical treatment;
(2) the offense for which the officer arrests the
person is an offense under Section 49.045, Penal Code; or
(3) at the time of the arrest, the officer possesses or
receives reliable information from a credible source that the
person:
(A) has been previously convicted of or placed on
community supervision for an offense under Section 49.045, 49.07,
or 49.08, Penal Code, or an offense under the laws of another state
containing elements substantially similar to the elements of an
offense under those sections; or
(B) on two or more occasions, has been previously
convicted of or placed on community supervision for an offense
under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an
offense under the laws of another state containing elements
substantially similar to the elements of an offense under those
sections.
(c) Except as provided by Subsection (a-1), the [The] peace
officer shall designate the type of specimen to be taken.
SECTION 3. Section 724.013, Transportation Code, is amended
to read as follows:
Sec. 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON
REFUSES; EXCEPTION. Except as provided by Section 724.012(a-1) or
(b) [724.012(b)], a specimen may not be taken if a person refuses to
submit to the taking of a specimen designated by a peace officer.
SECTION 4. The change in law made by this Act applies only
to an arrest that occurs on or after the effective date of this Act.
An arrest that occurs before the effective date of this Act is
governed by the law in effect on the date the arrest occurred, and
the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2021.