SRC-EPT, TAG H.B. 2795 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2795
78R6550 KCR-DBy: Riddle (Whitmire)
Criminal Justice
5/10/2003
Engrossed


DIGEST AND PURPOSE

Under current law, a person can only be  held in custody for 24-hours when
arrested without a warrant before being charged with an offense or
released. Typically, that 24 hour period begins when the person is
initially taken before a magistrate who completes the performance of the
magistrate's statutory duties.  However, when a  person with a mental or
physical condition that requires medical evaluation and/or treatment is
arrested without a warrant and taken to a county or city jail prior to
appearing before a magistrate or judge, the arrestee frequently will not
be accepted into custody at the jail until he or she has been taken to a
hospital or clinic for that evaluation and/or treatment.  This process can
use up part or all of the 24-hour period before the person is ever
actually brought before a magistrate, placed in custody, or interrogated.
H.B. 2795 clarifies that, in cases where a person arrested without a
warrant requires medical evaluation or care prior to being brought before
a magistrate, the time required for that medical evaluation or care does
not count against the 24-hour period but actually begins at the time the
magistrate, completes the performance of the magistrate's statutory
duties.  


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 Article 17.033, Code of Criminal Procedure, by adding
Subsection (d), to provide that the time limits imposed by Subsections (a)
and (b) do not apply to a person arrested without a warrant who is taken
to a hospital, clinic, or other medical facility before being taken before
a magistrate under Article 15.17.  Provides that for a person described by
this subsection the time limits imposed by Subsections (a) and (b)
commences after a person is released from a hospital, clinic, or other
medical facility, and is taken before a magistrate, where the magistrate
completes the performance of the magistrate's duties imposed by Article
15.17. 

SECTION 2.  (a)  Effective date: upon passage or September 1, 2003.

(b)  Provides that the change in law made by this Act applies only to an
arrest made on or after the effective date of this Act, regardless of when
the offense giving rise to the arrest was committed.  Provides that an
arrest made before the effective date if this Act is covered by the law in
effect when the arrest was made, and the former law is continued in effect
for that purpose.