Bill

HB 1322

85(R) - 2017
House Criminal Jurisprudence
Read Bill & Check Bill Status
House Criminal Jurisprudence
Criminal Procedure

Vote Recommendation

No
  • Neutral
  • Neutral
  • Neutral
  • Negative
  • 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.