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.