This bill must not pass as it takes away constitutional rights of every motorist in Texas. It would require that blood draws SHALL be taken after an injury accident. It reduces the amount of injury currently required from serious bodily injury to simply bodily injury. Further, and even more egregiously cops could have blood taken if anyone other than the suspect is transported for "medical treatment" or if they have been arrested for DWI in the past.
Currently, serious bodily injury is defined as follows:
Texas Penal Code 1.07(a)(46): "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or any protracted loss or impairment of the function of any bodily member or organ."
Texas Penal Code 1.07(a)(8) which defines bodily injury "as physical pain, illness, or any impairment of physical condition."
Further, the proposed bill would allow someone arrested for a DWI or similar offense in another state to be subjected to having blood taken, regardless of what happened to that case. So, if the case was dismissed… blood is drawn. If the case was reduced, blood is drawn. And most outrageous of all, if the person was found not guilty … blood is drawn.
If one cannot see the absurdity of this proposed law in Texas and the great number of constitutional rights that are given up, then that person must be asleep or so apathetic that they should not be allowed to participate in organized society. Yes, I realize that is a strong statement, but this proposed law is outrageous and must not pass the Texas Legislature as written. Even a substantially similar form of the bill would be threatening.
There are so many undefined terms in this proposed piece of legislation that it should terrify anyone reading this and every citizen of Texas, who does not want their DNA and other medical information smeared into State files should start a letter writing campaign immediately to their State Representatives urging that they Stop Senate Bill 261.
To make that easier, CLICK HERE TO FIND OUT WHO REPRESENTS YOU and urge him or her to VOTE NO on this legislation.