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


Senate Research Center   S.B. 176
78R1798 EMT-DBy: Nelson
Criminal Justice
4/7/2003
As Filed


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.   As proposed, 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 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.