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A BILL TO BE ENTITLED
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AN ACT
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relating to the taking of a specimen of the breath or blood of a |
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person arrested for an intoxication offense under certain |
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circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 724.012(b) and (d), Transportation |
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Code, are amended to read as follows: |
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(b) A peace officer shall require the taking of a specimen |
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of the person's breath or blood under any of the following |
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circumstances if[:
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[(1)] the officer arrests the person for an offense |
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under Chapter 49, Penal Code, involving the operation of a motor |
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vehicle or a watercraft: |
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(1) [;
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[(2)] the person was the operator of a motor vehicle or |
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a watercraft involved in an accident that the officer reasonably |
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believes occurred as a result of the offense and |
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[; (3)] at the time of the arrest, the officer |
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reasonably believes that as a direct result of the accident: |
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(A) any individual has died or will die; [or] |
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(B) an individual other than the person has |
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suffered serious bodily injury; or |
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(C) an individual other than the person has |
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suffered bodily injury and been transported to a hospital or other |
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medical facility for medical treatment; |
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(2) the offense for which the officer arrests the |
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person is an offense under Section 49.045, Penal Code; or |
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(3) at the time of the arrest, the officer possesses or |
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receives reliable information from a credible source that the |
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person: |
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(A) has been previously arrested for an offense |
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under Section 49.045, 49.07, or 49.08, Penal Code, or an offense |
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under the laws of another state containing elements substantially |
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similar to the elements of an offense under those sections; or |
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(B) has been previously arrested on two or more |
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occasions for an offense under Section 49.04, 49.05, 49.06, or |
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49.065, Penal Code, or an offense under the laws of another state |
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containing elements substantially similar to the elements of an |
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offense under those sections [and
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[(4)
the person refuses the officer's request to
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submit to the taking of a specimen voluntarily]. |
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(d) In this section, "bodily injury" and "serious bodily |
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injury" have [has] the meanings [meaning] assigned by Section 1.07, |
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Penal Code. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |