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


Senate Research CenterC.S.S.B. 1835
78R13418 KCR-DBy: Staples
                   Criminal Justice
4/25/2003
Committee Report (Substituted)

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.
C.S.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.