HBA-KDB H.B. 705 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 705 By: Morrison Juvenile Justice & Family Issues 2/25/2001 Introduced BACKGROUND AND PURPOSE A peace officer who charges a minor with driving under the influence is authorized to issue a Driving Under the Influence (DUI) citation using the officer's discretion as to whether there is a detectable amount of alcohol in the minor's system. The standard used to judge a detectable amount is an alcohol odor, but there is no requirement to prove that the odor is from the minor's breath. Under current law, the officer issuing a DUI to a minor suspected of driving while intoxicated is not required to take the minor into custody or to provide an intoxylizer or blood test of alcohol level at the request of minor. This test may potentially prove the minor's innocence by showing exactly the blood alcohol level of the minor. House Bill 705 requires the peace officer to provide an intoxylizer or blood test at the request of the minor. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Department of Public Safety in SECTION 1 (Section 106.041, Alcoholic Beverage Code) of this bill. ANALYSIS House Bill 705 amends the Alcoholic Beverage Code to entitle a minor who is charged with driving under the influence of alcohol, but who was not requested by the arresting officer to submit to the taking of a specimen of the minor's breath or blood, to request within a reasonable time not to exceed two hours after the arrest that a physician, qualified technician, chemist, or registered professional nurse of the minor's own choice draw a specimen and have an analysis made of the minor's blood. The bill also entitles the minor, within the same time limit and on payment of the required fee, to provide a breath specimen and have an analysis made of the minor's breath in an adult processing office of a law enforcement agency, including the agency that employs the arresting officer. The bill provides that the minor's request to the arresting officer must be videotaped, and that the videotape be maintained until the disposition of the case relating to the arrest of the minor is final. The bill requires the tape to be made available to the minor or an attorney for the minor during that period. The bill provides that a breath specimen taken at the request of the minor be taken and analyzed under rules of the Department of Public Safety (DPS) by a person who is certified by DPS. The bill provides that the analysis is admissible on the trial of the offense to prove the extent, if any, to which the minor had a detectable amount of alcohol in the minor's system at the time of the arrest. The bill provides that the refusal or inability of the arresting officer to comply with a minor's request is admissible at the trial of the offense. The bill requires DPS by rule to prescribe the amount of the required fee for an analysis of a minor's breath and specifies restrictions for the fee amount. The bill provides that the provisions set forth in the bill prevail if there is a conflict with the Family Code. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.