HBA-DMD H.B. 121 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 121
By: Keel
Criminal Jurisprudence
2/5/1999
Introduced



BACKGROUND AND PURPOSE

Currently, a peace officer has no authority to arrest a person for certain
intoxication-related offenses unless the officer witnessed the person
engaging in conduct that would constitute such an offense.  If a peace
officer who arrives at the scene of a vehicle accident, but did not witness
the accident, makes an arrest for driving while intoxicated, rather than
public intoxication, the judge must rule all evidence to be suppressed for
unlawful warrantless arrest.  H.B. 121 gives a peace officer the authority
to arrest a person if the officer reasonably believes that the person was
intoxicated during the conduct at issue. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 14.03(a), Code of Criminal Procedure, to delete
the provision which authorizes a peace officer to arrest without warrant
persons found in suspicious places and under circumstances which reasonably
show such persons to have been guilty of a violation of Title 9, Chapter
42, Penal Code (Disorderly Conduct and Related Offenses).  Authorizes
officers to arrest, without warrant, persons whom the peace officer has
probable cause to believe have committed an offense under Section 49.04
(Driving While Intoxicated), 49.05 (Flying While Intoxicated), 49.06
(Boating While Intoxicated), 49.07 (Intoxication Assault), or 49.08
(Intoxication Manslaughter), Penal Code.  Makes nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.