S.B. 176 78(R)    BILL ANALYSIS


S.B. 176
By: Nelson
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.  Senate Bill 176 amends the Penal Code to
widen the definition of an emergency to include situations wherein the
person is in fear of imminent assault.  Senate Bill 176 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

Senate Bill 176 amends Section 42.062(d), Penal Code, to define an
emergency as a condition or circumstance in which any individual is or is
reasonably believed by the individual making a telephone call to be in
fear of imminent assault, rather than imminent danger of serious bodily
injury. 

Senate Bill 176 amends Article 14.03(a), Code of Criminal Procedure, to
allow a peace officer to arrest, without warrant, persons who the peace
officer has probable cause to believe have prevented or interfered with an
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. 
 

EFFECTIVE DATE

This Act takes effect September 1, 2003.