By Keel H.B. No. 119

76R908 PEP-F

A BILL TO BE ENTITLED

1-1 AN ACT

1-2 relating to the taking of a specimen of a person's breath or blood

1-3 in connection with certain alcohol-related offenses.

1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-5 SECTION 1. Section 724.012, Transportation Code, is amended

1-6 by amending Subsection (b) and adding Subsection (d) to read as

1-7 follows:

1-8 (b) A peace officer shall require the taking of a specimen

1-9 of the person's breath or blood if:

1-10 (1) the officer arrests the person for an offense

1-11 under Chapter 49, Penal Code, involving the operation of a motor

1-12 vehicle or a watercraft;

1-13 (2) the person was the operator of a motor vehicle or

1-14 a watercraft involved in an accident that the officer reasonably

1-15 believes occurred as a result of the offense;

1-16 (3) at the time of the arrest the officer reasonably

1-17 believes that [a person has died or will die] as a direct result of

1-18 the accident:

1-19 (A) any individual has died or will die; or

1-20 (B) an individual other than the person has

1-21 suffered serious bodily injury; and

1-22 (4) the person refuses the officer's request to submit

1-23 to the taking of a specimen voluntarily.

1-24 (d) In this section, "serious bodily injury" has the meaning

2-1 assigned by Section 1.07, Penal Code.

2-2 SECTION 2. The change in law made by this Act applies only

2-3 to the taking of a specimen of a person's breath or blood under

2-4 Section 724.012, Transportation Code, as amended by this Act, on or

2-5 after the effective date of this Act. The taking of a specimen

2-6 before the effective date of this Act is covered by the law in

2-7 effect when the specimen was taken, and the former law is continued

2-8 in effect for that purpose.

2-9 SECTION 3. This Act takes effect September 1, 1999.

2-10 SECTION 4. The importance of this legislation and the

2-11 crowded condition of the calendars in both houses create an

2-12 emergency and an imperative public necessity that the

2-13 constitutional rule requiring bills to be read on three several

2-14 days in each house be suspended, and this rule is hereby suspended.

Dear Cyclists,

I have approached some of out Austin area State Reps: Terry Keel, Sheri Greenberg, Elliot Naishtat, Dawanna Dukes, Glen Maxey, and Senator Gonzalo Barrientos with the main request going to Terry Keel to introduce legislation this next session which would ensure the prosecution of motor vehicle operators who hit cyclists.

As you may or may not know, the DAs and grand juries around the state have been letting these folks off with no or minor punishment even when alcohol has been a causative factor. See TBC's newsletter about the women in Bastrop whose defense attorney admitted to the grand jury she was legally intoxicated when she struck 2 cyclist and killed one. The grand jury no-billed her. Similarly, Ronnie Earle our DA, has refused to re-indict Michael Memon who killed Thomas Churchill 2 years ago. He asked TBC to 'sensitize' the new grand jury and now has dropped the matter.

The proposed legislation will basically add 'of a bicyclist' to manslaughter, intox manslaughter, etc with specific parameters (not yet developed) and punishments severe enough to get motorists' attention but at a level so as to exclude the DA and grand jury from the process.

We already have precedent for special treatment because of specific rules and exclusions cyclists have under Vernon's Transportation Codes. It only follows that we should have special penalties for motorist who kill us. In fact, Holland passed law three years ago which makes a motorist automatically guilty anytime they hit a bicyclist, no excuses, don't pass go, don't collect $200. Last year, 1997, according to DPS statistics 56 cyclists were killed and nobody went to jail. It's time we stop the carnage.

A special note for Barrientos would be of good measure as he is particularly resistant because his aide Richard Hamner stated '...we will not support a special law for cyclists because it would not pass due to Whitmire, Chair, would kill it...', in other words he will not even try because it's not a sure bet. It's high time we cyclists let folks who don't support us know we can and will vote against them.

If you are interested in helping formulate or design the bill please contact me at cam007s@ccms.net or michaelbonds@hotmail.com . Please pass the word, ENOUGH IS ENOUGH!

Thanks for your ear and time. -- Michael Bonds, 323-5576

Just got off the phone with Shyra Darr, Rep. Keel's aide. She has informed me that Terry is willing to help cyclists. In my original proposal I was hoping to 'jump' the DA and grand juries (oxymorons) in dealing with cyclist death; but, was informed that the tack would require an amendment to the constitution which would be hard to pull off. So I guess the other method is to create specific language. Any cycling law students out there?

Michael Bonds, 323-5576
cam007s@ccms.net, michaelbonds@hotmail.com