Bill Text: TX HB558 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the taking of a blood specimen on arrest for certain intoxication offenses.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB558 Detail]
Download: Texas-2021-HB558-Enrolled.html
H.B. No. 558 |
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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. Section 724.012, Transportation Code, is amended | ||
by adding Subsections (a-1) and (e) 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 or a watercraft; | ||
(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 or a | ||
watercraft involved in an accident that the officer reasonably | ||
believes occurred as a result of the offense; and | ||
(4) at the time of the arrest, the officer reasonably | ||
believes that as a direct result of the accident any individual has | ||
died, will die, or has suffered serious bodily injury. | ||
(b) Subject to Subsection (a-1), a [ |
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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[ |
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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 [ |
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officer shall designate the type of specimen to be taken. | ||
(e) A peace officer may not require the taking of a specimen | ||
under this section unless the officer: | ||
(1) obtains a warrant directing that the specimen be | ||
taken; or | ||
(2) has probable cause to believe that exigent | ||
circumstances exist. | ||
SECTION 2. 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) [ |
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refuses to submit to the taking of a specimen designated by a peace | ||
officer. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 558 was passed by the House on May 14, | ||
2021, by the following vote: Yeas 92, Nays 34, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 558 was passed by the Senate on May | ||
26, 2021, by the following vote: Yeas 27, Nays 4. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |