| 1 | 1 | | 87R1459 JSC-F |
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| 2 | 2 | | By: González of Dallas H.B. No. 657 |
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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 admissibility of certain evidence of intoxication |
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| 8 | 8 | | in the prosecution of a criminal offense involving a motor vehicle. |
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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. Chapter 38, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 38.51 to read as follows: |
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| 12 | 12 | | Art. 38.51. INTOXICATION EVIDENCE IN PROSECUTION OF OFFENSE |
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| 13 | 13 | | INVOLVING MOTOR VEHICLE. (a) In this article: |
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| 14 | 14 | | (1) "Controlled substance" and "drug" have the |
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| 15 | 15 | | meanings assigned by Section 481.002, Health and Safety Code. |
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| 16 | 16 | | (2) "Dangerous drug" has the meaning assigned by |
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| 17 | 17 | | Section 483.001, Health and Safety Code. |
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| 18 | 18 | | (3) "Intoxicated" has the meaning assigned by Section |
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| 19 | 19 | | 49.01, Penal Code. |
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| 20 | 20 | | (4) "Motor vehicle" has the meaning assigned by |
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| 21 | 21 | | Section 32.34, Penal Code. |
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| 22 | 22 | | (b) Subject to Rule 403 of the Texas Rules of Evidence and |
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| 23 | 23 | | except as provided by Subsection (c), in the prosecution of any |
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| 24 | 24 | | offense involving a motor vehicle, a party may offer evidence as to |
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| 25 | 25 | | all relevant facts and circumstances that would aid the trier of |
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| 26 | 26 | | fact in determining whether the defendant was intoxicated at the |
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| 27 | 27 | | time of the offense. Evidence offered under this article is |
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| 28 | 28 | | admissible for any purpose other than to show the character of the |
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| 29 | 29 | | defendant. |
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| 30 | 30 | | (c) In the prosecution of any offense involving a motor |
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| 31 | 31 | | vehicle, only an analysis of a lawfully obtained specimen of the |
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| 32 | 32 | | defendant's blood, breath, or urine or other bodily substance is |
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| 33 | 33 | | admissible to show the defendant's alcohol concentration or the |
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| 34 | 34 | | presence of a controlled substance, drug, dangerous drug, or other |
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| 35 | 35 | | substance in the defendant's body at the time of the offense. |
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| 36 | 36 | | SECTION 2. The change in law made by this Act applies to the |
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| 37 | 37 | | admissibility of evidence in a criminal proceeding that commences |
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| 38 | 38 | | on or after the effective date of this Act. The admissibility of |
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| 39 | 39 | | evidence in a criminal proceeding that commences before the |
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| 40 | 40 | | effective date of this Act is governed by the law in effect on the |
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| 41 | 41 | | date the proceeding commenced, and the former law is continued in |
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| 42 | 42 | | effect for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2021. |
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