Bill Caption

Relating to the taking of a blood specimen on arrest for certain intoxication offenses.

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

HB 558 would require a peace officer to take a blood sample when making an arrest for certain intoxication offenses if the person refuses the officer's request to submit to the taking of a blood specimen voluntarily, the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense, and at the time of the arrest, the officer reasonably believes that as a direct result of the accident any individual has died, will die, or has suffered serious bodily injury.

An officer would be prohibited from requiring a blood sample without first obtaining a warrant unless the officer has probable cause to believe that exigent circumstances exist. 

Vote Recommendation Notes

Texas Action is neutral toward HB 558 because the bill appropriately requires a warrant or probable cause.