HBA-JLV H.B. 2228 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2228 By: Smith Criminal Jurisprudence 3/9/2001 Introduced BACKGROUND AND PURPOSE Current law provides that an intoxicated driver who is involved in an accident that results in the death of a person, or the likely death of a person, must provide a sample of his or her blood or breath for the determination of that person's intoxication level. The mandatory taking of a sample presently applies only in the situation in which an officer reasonably believes that a person has died or will die as a direct result of the accident. If a specimen is not taken at the time of arrest and the injured individual later dies, the evidence cannot be recaptured. House Bill 2228 requires the taking of a specimen of the person's blood or breath at the time of arrest if the officer believes that a person has suffered serious bodily injury. The bill also extends the mandatory sample of one's breath or blood to include those arrested for a felony of operating a motor vehicle while intoxicated (DWI). RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2228 amends the Transportation Code to provide that a peace officer shall require the taking of a specimen of the person's breath or blood at the time of the arrest if the officer believes that a person has suffered serious bodily injury as a direct result of the accident. The bill also extends the mandatory taking of a sample of one's breath or blood to include those who have been convicted two times of an offense relating to the operating of a motor vehicle or a watercraft while intoxicated. EFFECTIVE DATE September 1, 2001.