H.B. 778 78(R)    BILL ANALYSIS


H.B. 778
By: Naishtat
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The 77th Legislature passed a law creating a Class A misdemeanor offense
for interfering with an emergency telephone call.  The applicable
definition of "emergency" includes only situations where any individual is
in imminent danger of serious bodily injury or the person making the phone
call reasonably believes so. House Bill 778 amends the Penal Code to widen
the definition of an emergency to include situations wherein the person is
in fear of imminent assault.  House Bill 778 also amends the Code of
Criminal Procedure to allow an officer to arrest a person without a
warrant as long as the officer has probable cause to believe that the
person has committed the offense of interference with an emergency
telephone call. 
  

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. 

ANALYSIS

SECTION 1.   House Bill 778 amends Section 42.062 of the Penal Code to
alter the definition of "emergency" as applicable to that section.  The
bill strikes language requiring a person to be in imminent danger of
serious bodily injury, or to be believed to be in such danger by a person
making an emergency phone call, and replaces it with language requiring a
person to be in fear of imminent assault, or believed to be in fear of
imminent assault, in order to be an emergency situation. 

SECTION 2.   House Bill 778 amends Article 14.03 of the Code of Criminal
Procedure to add interference with an emergency phone call under Section
42.062, Penal Code, to the list of offenses for which a peace officer may
make an arrest without warrant as long as the officer has probable cause
to believe an individual has committed the offense. 

SECTION 3.   This Act applies to offenses committed on or after September
1, 2003, and an offense was committed before this effective date if any
element of the offense was committed before this date.  For offenses
committed before this date, the former law is in effect. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.