JWW C.S.H.B. 1058 75(R)BILL ANALYSIS


PUBLIC SAFETY
C.S.H.B. 1058
By: Allen
4-7-97
Committee Report (Substituted)



BACKGROUND 

A peace officer who investigates an offense or traffic accident is
required to file a report. Currently, a officer's supervisor can make
changes, or order that changes be made to the report. These subsequent
changes are included in the original report. However, the name of the
person making changes to the written report is not required whatsoever.  

PURPOSE

This bill will allow an accident report to be changed if accompanied by a
written supplemental report which identifies the person making the
changes. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 2, Code of Criminal Procedure, by adding Article
2.26.     CHANGING AN ACCIDENT REPORT.    
  
  (a) A change made to a vehicle accident report may be modified by the
peace   officer or person submitting the report.   
  
  (b)  Anyone other than the peace officer may change or modify a written
accident   report, but any change must be contained in a written
supplement to the report   which clearly states the name of the person who
made the change. 

SECTION 2. Effective Date: September 1, 1997.

SECTION 3. Emergency Clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 (a) Originally contained a definition of "accident report."
Substitute states that a   written accident report may be altered by the
peace officer who prepared it. 

  (b) Originally stated that peace officer acting in an official capacity
could make   changes to a written accident report.  The substitute states
that anyone other than   the peace officer preparing the report may do so
only by complying with     subsections (1) and (2), which are not changed
by the substitute.