Texas 2021 - 87th Regular

Texas House Bill HB558 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 558
	1	+	By: White, et al. (Senate Sponsor - Hall, Springer) H.B. No. 558
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 22, 2021, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 22, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the taking of a blood specimen on arrest for certain
6	12		intoxication offenses.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 724.012, Transportation Code, is amended
9	15		by adding Subsections (a-1) and (e) and amending Subsections (b)
10	16		and (c) to read as follows:
11	17		(a-1) A peace officer shall require the taking of a specimen
12	18		of the person's blood if:
13	19		(1) the officer arrests the person for an offense
14	20		under Chapter 49, Penal Code, involving the operation of a motor
15	21		vehicle or a watercraft;
16	22		(2) the person refuses the officer's request to submit
17	23		to the taking of a specimen voluntarily;
18	24		(3) the person was the operator of a motor vehicle or a
19	25		watercraft involved in an accident that the officer reasonably
20	26		believes occurred as a result of the offense; and
21	27		(4) at the time of the arrest, the officer reasonably
22	28		believes that as a direct result of the accident any individual has
23	29		died, will die, or has suffered serious bodily injury.
24	30		(b) Subject to Subsection (a-1), a [A] peace officer shall
25	31		require the taking of a specimen of the person's breath or blood
26	32		under any of the following circumstances if the officer arrests the
27	33		person for an offense under Chapter 49, Penal Code, involving the
28	34		operation of a motor vehicle or a watercraft and the person refuses
29	35		the officer's request to submit to the taking of a specimen
30	36		voluntarily:
31	37		(1) the person was the operator of a motor vehicle or a
32	38		watercraft involved in an accident that the officer reasonably
33	39		believes occurred as a result of the offense and, at the time of the
34	40		arrest, the officer reasonably believes that as a direct result of
35	41		the accident[:
36	42		[(A) any individual has died or will die;
37	43		[(B) an individual other than the person has
38	44		suffered serious bodily injury; or
39	45		[(C)] an individual other than the person has
40	46		suffered bodily injury and been transported to a hospital or other
41	47		medical facility for medical treatment;
42	48		(2) the offense for which the officer arrests the
43	49		person is an offense under Section 49.045, Penal Code; or
44	50		(3) at the time of the arrest, the officer possesses or
45	51		receives reliable information from a credible source that the
46	52		person:
47	53		(A) has been previously convicted of or placed on
48	54		community supervision for an offense under Section 49.045, 49.07,
49	55		or 49.08, Penal Code, or an offense under the laws of another state
50	56		containing elements substantially similar to the elements of an
51	57		offense under those sections; or
52	58		(B) on two or more occasions, has been previously
53	59		convicted of or placed on community supervision for an offense
54	60		under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an
55	61		offense under the laws of another state containing elements
56	62		substantially similar to the elements of an offense under those
57	63		sections.
58	64		(c) Except as provided by Subsection (a-1), the [The] peace
59	65		officer shall designate the type of specimen to be taken.
60	66		(e) A peace officer may not require the taking of a specimen
61	67		under this section unless the officer:
62	68		(1) obtains a warrant directing that the specimen be
63	69		taken; or
64	70		(2) has probable cause to believe that exigent
65	71		circumstances exist.
66	72		SECTION 2. Section 724.013, Transportation Code, is amended
67	73		to read as follows:
68	74		Sec. 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON
69	75		REFUSES; EXCEPTION. Except as provided by Section 724.012(a-1) or
70	76		(b) [Section 724.012(b)], a specimen may not be taken if a person
71	77		refuses to submit to the taking of a specimen designated by a peace
72	78		officer.
73	79		SECTION 3. The change in law made by this Act applies only
74	80		to an arrest that occurs on or after the effective date of this Act.
75	81		An arrest that occurs before the effective date of this Act is
76	82		governed by the law in effect on the date the arrest occurred, and
77	83		the former law is continued in effect for that purpose.
78	84		SECTION 4. This Act takes effect September 1, 2021.
79		-	______________________________ ______________________________
80		-	President of the Senate Speaker of the House
81		-	I certify that H.B. No. 558 was passed by the House on May 14,
82		-	2021, by the following vote: Yeas 92, Nays 34, 1 present, not
83		-	voting.
84		-	______________________________
85		-	Chief Clerk of the House
86		-	I certify that H.B. No. 558 was passed by the Senate on May
87		-	26, 2021, by the following vote: Yeas 27, Nays 4.
88		-	______________________________
89		-	Secretary of the Senate
90		-	APPROVED: _____________________
91		-	Date
92		-	_____________________
93		-	Governor
	85	+	* * * * *