Texas 2021 - 87th Regular

Texas Senate Bill SB335 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 335
	1	+	By: Johnson, et al. S.B. No. 335
	2	+	(Wu)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the taking of a specimen to test for intoxication and
6	8		retention and preservation of toxicological evidence of certain
7	9		intoxication offenses.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Article 38.50, Code of Criminal Procedure, is
10	12		amended by amending Subsections (c), (d), and (e) and adding
11	13		Subsections (g) and (h) to read as follows:
12	14		(c) An entity or individual described by Subsection (b)
13	15		shall ensure that toxicological evidence collected pursuant to an
14	16		investigation or prosecution of an offense under Chapter 49, Penal
15	17		Code, is retained and preserved, as applicable:
16	18		(1) for the greater of two years or the period of the
17	19		statute of limitations for the offense, if the indictment or
18	20		information charging the defendant, or the petition in a juvenile
19	21		proceeding, has not been presented or has been dismissed without
20	22		prejudice;
21	23		(2) for the duration of a defendant's sentence or term
22	24		of community supervision, as applicable, if the defendant is
23	25		convicted or placed on community supervision, or for the duration
24	26		of the commitment or supervision period applicable to the
25	27		disposition of a juvenile adjudicated as having engaged in
26	28		delinquent conduct or conduct indicating a need for supervision; or
27	29		(3) until the defendant is acquitted or the indictment
28	30		or information is dismissed with prejudice, or, in a juvenile
29	31		proceeding, until a hearing is held and the court does not find the
30	32		child engaged in delinquent conduct or conduct indicating a need
31	33		for supervision.
32	34		(d) A person from whom toxicology evidence was collected
33	35		and, if the person is a minor, the person's parent or guardian,
34	36		shall be notified [For each offense subject to this article, the
35	37		court shall determine as soon as practicable the appropriate
36	38		retention and preservation period for the toxicological evidence
37	39		under Subsection (c) and notify the defendant or the child or
38	40		child's guardian and the entity or individual charged with storage
39	41		of the toxicological evidence] of the periods [period] for which
40	42		[the] evidence may [is to] be retained and preserved under this
41	43		article. The notice must be given by:
42	44		(1) an entity or individual described by Subsection
43	45		(b) that collects the evidence, if the entity or individual
44	46		collected the evidence directly from the person or collected it
45	47		from a third party; or
46	48		(2) the court, if the records of the court show that
47	49		the person was not given the notice described by Subdivision (1) and
48	50		the toxicological evidence is subject to the retention period under
49	51		Subsection (c)(2) or (3) [If an action of the prosecutor or the
50	52		court changes the applicable period under Subsection (c), the court
51	53		shall notify the persons described by this subsection about the
52	54		change].
53	55		(e) The entity or individual charged with storing
54	56		toxicological evidence may destroy the evidence on expiration of
55	57		the applicable retention period:
56	58		(1) described by Subsection (c)(1); or
57	59		(2) described by Subsection (c)(2) or (c)(3), provided
58	60		that:
59	61		(A) notice was given in accordance with this
60	62		article; and
61	63		(B) if applicable, the prosecutor's office gives
62	64		written approval for the destruction under Subsection (h) [provided
63	65		by the notice most recently issued by the court under Subsection
64	66		(d)].
65	67		(g) Notice given under this article must be given:
66	68		(1) in writing, as soon as practicable, by hand
67	69		delivery, e-mail, or first class mail to the person's last known
68	70		e-mail or mailing address; or
69	71		(2) if applicable, orally and in writing on requesting
70	72		the specimen under Section 724.015, Transportation Code.
71	73		(h) A prosecutor's office may require that an entity or
72	74		individual charged with storing toxicological evidence seek
73	75		written approval from the prosecutor's office before destroying
74	76		toxicological evidence subject to the retention period under
75	77		Subsection (c)(2) or (c)(3) for cases in which the prosecutor's
76	78		office presented the indictment, information, or petition.
77	79		SECTION 2. Section 724.015, Transportation Code, is amended
78	80		to read as follows:
79	81		Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
80	82		REQUESTING SPECIMEN; STATEMENT OF CONSENT. (a) Before requesting
81	83		a person to submit to the taking of a specimen, the officer shall
82	84		inform the person orally and in writing that:
83	85		(1) if the person refuses to submit to the taking of
84	86		the specimen, that refusal may be admissible in a subsequent
85	87		prosecution;
86	88		(2) if the person refuses to submit to the taking of
87	89		the specimen, the person's license to operate a motor vehicle will
88	90		be automatically suspended, whether or not the person is
89	91		subsequently prosecuted as a result of the arrest, for not less than
90	92		180 days;
91	93		(3) if the person refuses to submit to the taking of a
92	94		specimen, the officer may apply for a warrant authorizing a
93	95		specimen to be taken from the person;
94	96		(4) if the person is 21 years of age or older and
95	97		submits to the taking of a specimen designated by the officer and an
96	98		analysis of the specimen shows the person had an alcohol
97	99		concentration of a level specified by Chapter 49, Penal Code, the
98	100		person's license to operate a motor vehicle will be automatically
99	101		suspended for not less than 90 days, whether or not the person is
100	102		subsequently prosecuted as a result of the arrest;
101	103		(5) if the person is younger than 21 years of age and
102	104		has any detectable amount of alcohol in the person's system, the
103	105		person's license to operate a motor vehicle will be automatically
104	106		suspended for not less than 60 days even if the person submits to
105	107		the taking of the specimen, but that if the person submits to the
106	108		taking of the specimen and an analysis of the specimen shows that
107	109		the person had an alcohol concentration less than the level
108	110		specified by Chapter 49, Penal Code, the person may be subject to
109	111		criminal penalties less severe than those provided under that
110	112		chapter;
111	113		(6) if the officer determines that the person is a
112	114		resident without a license to operate a motor vehicle in this state,
113	115		the department will deny to the person the issuance of a license,
114	116		whether or not the person is subsequently prosecuted as a result of
115	117		the arrest, under the same conditions and for the same periods that
116	118		would have applied to a revocation of the person's driver's license
117	119		if the person had held a driver's license issued by this state;
118	120		[and]
119	121		(7) the person has a right to a hearing on the
120	122		suspension or denial if, not later than the 15th day after the date
121	123		on which the person receives the notice of suspension or denial or
122	124		on which the person is considered to have received the notice by
123	125		mail as provided by law, the department receives, at its
124	126		headquarters in Austin, a written demand, including a facsimile
125	127		transmission, or a request in another form prescribed by the
126	128		department for the hearing; and
127	129		(8) if the person submits to the taking of a blood
128	130		specimen, the specimen will be retained and preserved in accordance
129	131		with Article 38.50, Code of Criminal Procedure.
130	132		(b) If a person consents to the request of an officer to
131	133		submit to the taking of a specimen, the officer shall request the
132	134		person to sign a statement that:
133	135		(1) the officer requested that the person submit to
134	136		the taking of a specimen;
135	137		(2) the person was informed of the consequences of not
136	138		submitting to the taking of a specimen; and
137	139		(3) the person voluntarily consented to the taking of
138	140		a specimen.
139	141		SECTION 3. (a) Except as provided by Subsections (b) and
140	142		(c) of this section, the changes in law made by this Act to Article
141	143		38.50, Code of Criminal Procedure, apply only to evidence for which
142	144		the appropriate retention and preservation period under that
143	145		article expires on or after the effective date of this Act.
144	146		Evidence for which the appropriate retention and preservation
145	147		period expired before the effective date of this Act is governed by
146	148		the law in effect on the date of expiration of that period, and the
147	149		former law is continued in effect for that purpose.
148	150		(b) If the applicable retention and preservation period
149	151		under Article 38.50(c)(1), Code of Criminal Procedure, has expired
150	152		with respect to toxicological evidence held in storage on the
151	153		effective date of this Act, and notice regarding that evidence has
152	154		not yet been given under Article 38.50(d), Code of Criminal
153	155		Procedure, as that subsection existed immediately before the
154	156		effective date of this Act, the entity or individual charged with
155	157		storing the evidence may destroy the evidence pursuant to Article
156	158		38.50(e), Code of Criminal Procedure, as amended by this Act.
157	159		(c) If the appropriate retention and preservation period
158	160		under Article 38.50(c)(2) or (3), Code of Criminal Procedure, as
159	161		applicable, has expired with respect to evidence held in storage on
160	162		the effective date of this Act, and notice regarding that evidence
161	163		has not yet been given under Article 38.50(d), Code of Criminal
162	164		Procedure, as that subsection existed immediately before the
163	165		effective date of this Act, the court shall provide the notice
164	166		required by Article 38.50(d), Code of Criminal Procedure, as
165	167		amended by this Act, not later than September 1, 2022.
166	168		(d) The change in law made by this Act to Section 724.015,
167	169		Transportation Code, applies only to a request for the taking of a
168	170		breath or blood specimen to test for intoxication that occurs on or
169	171		after the effective date of this Act. A request for the taking of a
170	172		specimen that occurs before the effective date of this Act is
171	173		governed by the law in effect on the date the specimen was
172	174		requested, and the former law is continued in effect for that
173	175		purpose.
174	176		SECTION 4. This Act takes effect September 1, 2021.
175		-	______________________________ ______________________________
176		-	President of the Senate Speaker of the House
177		-	I hereby certify that S.B. No. 335 passed the Senate on
178		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
179		-	______________________________
180		-	Secretary of the Senate
181		-	I hereby certify that S.B. No. 335 passed the House on
182		-	May 25, 2021, by the following vote: Yeas 104, Nays 39, two
183		-	present not voting.
184		-	______________________________
185		-	Chief Clerk of the House
186		-	Approved:
187		-	______________________________
188		-	Date
189		-	______________________________
190		-	Governor