HBA-DMD H.B. 121 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 121 By: Keel Criminal Jurisprudence 2/5/1999 Introduced BACKGROUND AND PURPOSE Currently, a peace officer has no authority to arrest a person for certain intoxication-related offenses unless the officer witnessed the person engaging in conduct that would constitute such an offense. If a peace officer who arrives at the scene of a vehicle accident, but did not witness the accident, makes an arrest for driving while intoxicated, rather than public intoxication, the judge must rule all evidence to be suppressed for unlawful warrantless arrest. H.B. 121 gives a peace officer the authority to arrest a person if the officer reasonably believes that the person was intoxicated during the conduct at issue. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 14.03(a), Code of Criminal Procedure, to delete the provision which authorizes a peace officer to arrest without warrant persons found in suspicious places and under circumstances which reasonably show such persons to have been guilty of a violation of Title 9, Chapter 42, Penal Code (Disorderly Conduct and Related Offenses). Authorizes officers to arrest, without warrant, persons whom the peace officer has probable cause to believe have committed an offense under Section 49.04 (Driving While Intoxicated), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code. Makes nonsubstantive changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.