Nicole “Lilly” Lalime Act
Brief Overview of SB 328: Pertaining to DWI and other Alcohol-related Offenses
Senate Bill 328 adds the Nicole “Lilly” Lalime Act to amend provisions of the Alcoholic Beverage Code, Code of Criminal Procedure, and Transportation Code relating to operating a motor vehicle or watercraft while intoxicated or under the influence of alcohol. The bill redesignates the offense of driving under the influence of alcohol by a minor as driving or operating a watercraft under the influence of alcohol by a minor, expands the conditions that constitute that offense, and includes an offense prohibiting the operation of a watercraft within the definition of “alcohol-related or drug-related enforcement contact.” The bill authorizes any magistrate who is a licensed Texas attorney to issue a search warrant to collect a blood specimen from a person who is arrested for a certain intoxication or alcohol offense and refuses to submit to a breath or blood alcohol test and increases from $50 to $100 the fee to reinstate a driver’s license suspended due to the commission of a certain intoxication offense. The bill includes the offense of driving while intoxicated with a child passenger in provisions relating to the requirements for the automatic suspension of a license, the suspension of a license of a person younger than 21 years of age, and the suspension of a license because of intoxication offenses. The bill includes an offense of driving while intoxicated with a child passenger and boating while intoxicated in provisions relating to an administrative suspension of a driver’s license for failure to pass a test for intoxication, modifies the circumstances under which a peace officer must require the taking of the specimen of a person’s blood or breath, and amends certain provisions regarding liability for purposes of the taking of a blood specimen.
This bill went into effect on September 1, 2009.
Nicole, her mother Valoree, and Dad, Bill were long-time friends of my wife and me. It hit us very hard about what happened to Nicole, especially since we had known her since she was about 3 0r 4. At 54, I’ve never taken the wheel after drinking, and can’t fathom those who do. The deep pain this heinous act of selfish abandonment of adult behavoir has caused all of us who were affected by this senseless death will never abate. I hope the man rots in prison, although it won’t bring back this tiny angel. The new law, while well-intended, I believe is just a feel-good measure. I cannot understand why killing this child in this wreckless way is any different than murder… and can’t fathom why it is not automatically prosecuted as such. At least a first degree murder conviction with automatic life would insure that this pig won’t hurt anyone else for at least 40 years.