This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1348

80R9452 CAE-F                                                                                                      By: Patrick, Dan

                                                                                                                                   Criminal Justice

                                                                                                                                            4/14/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

High speed chases through the city streets of Texas are an all too familiar occurrence. With more and more cities adopting "do not chase" policies or positions in order to avoid costly litigation, peace officers are placed in the position of letting a criminal go simply because he fled. Peace officers are trained and must use their best judgment on a daily basis in many life threatening situations.

 

As proposed, S.B. 1348 provides cities and counties with protection from liability when a peace officer is engaged in the pursuit of a person evading arrest in a motor vehicle, provided the officer's action is not taken with conscious indifference or reckless disregard for the safety of others.

 

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 101.055, Civil Practice and Remedies Code, as follows:

 

Sec. 101.055. CERTAIN GOVERNMENTAL FUNCTIONS. Sets forth certain claims to which this chapter does not apply, including a claim that arises from the action of a peace officer engaged in the pursuit of a motor vehicle, if the action is not taken with conscious indifference or reckless disregard for the safety of others.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2007.