S.B. 1835 78(R)    BILL ANALYSIS


S.B. 1835
By: Staples
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current law requires a person who evades arrest  and assaults an arresting
officer, causing the officer to come into contact with bodily fluid, to
submit to testing for a communicable disease.  Senate Bill 1835 requires 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

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 1835 amends the 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. 

EFFECTIVE DATE

September 1, 2003.