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


Senate Research Center   S.B. 1835
By: Staples
Criminal Justice
4/22/2003
As Filed


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.  As
proposed, 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 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 causes the 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.