SRC-TJG H.B. 778 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 778
78R1798 EMT-DBy: Naishtat, Swinford (Nelson)
Administration
5-8-2003
Engrossed

DIGEST AND PURPOSE 

Current law defines emergency as "imminent danger of serious bodily
injury."  However, this places an individual in a dangerous position
because  a law enforcement officer can only intervene when there is an
imminent danger to the individual's safety.   H.B. 778 amends the Penal
Code to change the definition of an emergency from a situation in which a
person is in imminent danger of serious bodily injury to a situation in
which a person is in "fear of imminent assault."  The change provides
greater protection for family violence victims attempting to call for
emergency assistance by enabling officers to take action before the victim
is seriously injured. The bill also allows an officer to arrest, without
warrant, a person who prevents or interferes with another person's ability
to place a phone call in an emergency. 

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 42.062(d), Penal Code, to redefine "emergency."

SECTION 2.  Amends Article 14.03(a), Code of Criminal Procedure, to
authorize a peace officer to arrest, without warrant, a person whom the
peace officer has probable cause to believe prevented or interfered with
another individual's ability to place a telephone call in an emergency, as
defined by Section 42.062(d), Penal Code, if the offense is not committed
in the presence of the peace officer.  Makes nonsubstantive changes.  

SECTION 3.  Effective date: September 1, 2003.
            Makes application of this Act prospective.