SRC-TJG, TAG S.B. 176 78(R)BILL ANALYSIS


Senate Research CenterS.B. 176
By: Nelson
Criminal Justice
8/18/2003
Enrolled


DIGEST AND PURPOSE 

Current law defines emergency as "imminent danger of serious bodily
injury."  However, this can place 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.  S.B. 176 amends the Penal
Code to change the definition of an emergency from a situation in which a
person is 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. 

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 who the
peace officer has probable cause to believe has 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.