SRC-JEC S.B. 215 77(R)BILL ANALYSIS Senate Research CenterS.B. 215 By: Bernsen Jurisprudence 6/25/2001 Enrolled DIGEST AND PURPOSE From 1996 to 1998, there were 544 cases of fleeing and evading arrest in Texas. Currently, a first offense of fleeing an attempted lawful arrest using a vehicle is a Class A misdemeanor. Repeat offenses face heightened penalties. S.B. 215 increases the penalties for fleeing and evading arrest or detention in a motor vehicle, and makes provisions for a case in which an officer is exposed to the bodily fluid of a person committing such an offense. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 38.04(b), Penal Code, to provide that an offense under this section is a Class B misdemeanor, except that the offense is: (1) a state jail felony, rather than a Class A misdemeanor, if the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section; (2) a felony of the third degree, rather than a state jail felony, if the actor uses a vehicle while in flight and has been previously convicted under this section. Makes nonsubstantive changes. SECTION 2. Amends Chapter 18, Code of Criminal Procedure, by adding Article 18.22, as follows: Art. 18.22. TESTING FOR COMMUNICABLE DISEASES FOLLOWING CERTAIN ARRESTS. (a) Requires a person who is arrested for an offense under Section 38.04, Penal Code, and who during the commission of that offense committed an assault on a peace officer by biting the officer or otherwise causing the officer to come into contact with the person's bodily fluids, at the direction of the court having jurisdiction over the arrested person, to undergo a medical procedure or test designed to show or help show whether the person has a communicable disease. Authorizes the court to direct the person to undergo the procedure or test on its own motion or on the request of the peace officer. Requires the court, if the person refuses to submit voluntarily to the procedure or test, to require the person to submit to the procedure or test. Requires the person performing the procedure or test to make the test results available to the local health authority, and requires the local health authority to notify the peace officer of the test result. Prohibits the state from using the fact that a medical procedure or test was performed on a person under this article, and from using the results of the procedure or test, in any criminal proceeding arising out of the alleged offense. (b) Requires testing under this article to be conducted in accordance with written infectious disease control protocols adopted by the Texas Board of Health that clearly establish procedural guidelines that provide criteria for testing and that respect the rights of the arrested person and the peace officer. (c) Provides that nothing in this article authorizes a court to release a test result to a person other than a person specifically authorized by this article, and that Section 81.103(d), Health and Safety Code, does not authorize that disclosure. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2001.