ACM S.B. 531 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 531
By: Cain (Goolsby)
5-14-97
Committee Report (Unamended)


BACKGROUND 

Currently, the law states that a peace officer who personally observes a
suspect who is arrested for driving while intoxicated (DWI) must be the
officer who arrests, transports, and completes all necessary paperwork on
the suspect.  The law specifically states the "arresting officer" must
complete the arrest.  Some law enforcement departments have interpreted
this to mean the officer who made the first contact.  Other police
departments have taken a broader interpretation and allow other officers
or specialized DWI squads to arrest and process a suspect.  This bill
would clear up any ambiguities and allow a patrol officer to make the
original stop and then request the specialized DWI squads to respond to
handle the arrest. 

PURPOSE

As proposed, S.B. 531 deletes a requirement that a peace officer
personally deliver a notice of driver's license suspension to persons
arrested for certain offenses. 

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 Section 524.011, Transportation Code, as follows:

Sec.  524.011.  New heading: OFFICER'S DUTIES FOR DRIVER'S LICENSE
SUSPENSION.  Requires a peace officer, rather than the arresting officer,
if a person is arrested for certain offenses, to serve or attempt to serve
notice of driver's license suspension by delivering the notice, rather
than personally delivering the notice, to the arrested person. Makes a
conforming change. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.