HBA-AMW H.B. 345 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 345
By: Keel
Criminal Jurisprudence
3/4/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a peace officer is not required to take a person's blood
or breath specimen at the time of arrest if an individual other than the
person has suffered serious bodily injury as a result of an alcoholrelated
accident.  If the specimen is not taken at the time of arrest and the
injured individual later dies, the evidence cannot be recaptured.  House
Bill 345 requires the taking of a blood or breath specimen at the time of
arrest for an alcohol-related offense when an officer reasonably believes
that an individual other than the person being arrested has suffered
serious bodily injury. 

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 345 amends the Transportation Code to expand the circumstances
under which peace officers shall require the taking of a specimen of a
person's blood or breath to include situations in which, at the time of the
arrest for an alcohol-related offense, the officer reasonably believes that
an individual other than the person has suffered serious bodily injury as a
direct result of the accident. 

EFFECTIVE DATE

September 1, 2001.