Bill
HB 1322
85(R) - 2017
House Criminal Jurisprudence
House Criminal Jurisprudence
Criminal Procedure
Vote Recommendation
No
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Neutral
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Neutral
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Neutral
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Negative
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Negative
Author(s)
DeWayne Burns
Bill Caption
Relating to the authority of a justice of the peace to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
Under current law any magistrate who is an attorney in this state may issue a search warrant to collect a blood specimen from a person who has been arrested for an alcohol related offense and if they refused to submit to a breath or blood alcohol test. HB 1322 would allow a justice of the peace to also issue the search warrant.
Vote Recommendation Notes
There already is a process under which magistrates may issue a warrant for a blood specimen, but to also grant that power to justices of the peace is unnecessary. We oppose HB 1322 because we believe that this would grant government too much authority, thereby exceeding its proper limits and impeding upon individual liberties.