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.