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.