Bill Text: TX HB3312 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the taking of an additional specimen of a person's blood on arrest for certain intoxication offenses.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-03-25 - Left pending in committee [HB3312 Detail]
Download: Texas-2015-HB3312-Introduced.html
84R13136 JSC-F | ||
By: Geren | H.B. No. 3312 |
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relating to the taking of an additional specimen of a person's blood | ||
on arrest for certain intoxication offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 724.019, Transportation Code, is amended | ||
by adding Subsections (b-1), (b-2), and (d-1) and amending | ||
Subsection (d) to read as follows: | ||
(b-1) A person who requests an additional specimen of the | ||
person's blood to be taken is responsible for the costs of the | ||
taking and analysis of the specimen. | ||
(b-2) A specimen taken under Subsection (a) is not required | ||
to be analyzed in a laboratory accredited by the department to be | ||
admissible as evidence in the trial of the offense for which the | ||
specimen was taken. | ||
(d) Except as provided by Subsection (d-1), the [ |
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failure or inability to obtain an additional specimen or analysis | ||
under this section does not preclude the admission of evidence | ||
relating to the analysis of the specimen taken at the request or | ||
order of the peace officer. | ||
(d-1) If a peace officer or another person acting for or on | ||
behalf of the state interferes with a person's request for an | ||
independent test under this section, any evidence relating to the | ||
analysis of a specimen taken at the request or order of the peace | ||
officer is not admissible as evidence in the trial of the offense | ||
for which the specimen was taken. | ||
SECTION 2. The change in law made by this Act applies 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 of the arrest, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |