SRC-TAG S.B. 1835 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 1835
By: Staples
Criminal Justice
6/29/2003
Enrolled
DIGEST AND PURPOSE 

Current law requires a person who, in the commission of a felony offense,
assaults an arresting officer, causing the officer to come into contact
with bodily fluid, to submit to testing for a communicable disease.  S.B.
1835 amends the Code of Criminal Procedure to require a person who is
being arrested for a felony or misdemeanor offense and who causes an
arresting peace officer to come into contact with bodily fluid to submit
to testing for a communicable disease.  

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 18.22(a), Code of Criminal Procedure, to
require a  person who is arrested for a misdemeanor or felony offense and
who during the commission of that offense or an arrest following the
commission of that offense causes a peace officer to come into contact
with the person's bodily fluids to, at the direction of the court having
jurisdiction over the arrested person, undergo a medical procedure or test
designed to show or help show whether the person has a communicable
disease. 

SECTION 2.  Effective date: September 1, 2003.