Bill
HB 1574
85(R) - 2017
House Criminal Jurisprudence
Senate Criminal Justice
House Criminal Jurisprudence
Senate Criminal Justice
Criminal Procedure
Companion Bill
SB 630
Vote Recommendation
Yes
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Neutral
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Neutral
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Neutral
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Positive
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Neutral
Author(s)
Terry Wilson
Sponsor(s)
Dawn Buckingham
Bill Caption
Relating to documentation regarding an arrest of a person without a warrant.
Fiscal Notes
No significant fiscal implication to the State is anticipated
Bill Analysis
This bill would require peace officers to file an affidavit after they have arrested a person without a warrant. The affidavit must contain a statement of probable cause for the arrest. The affidavit must also include a statement, in writing, of the reason the officer determined that it was necessary to arrest the person rather than issue a citation.
The affidavit would have to be filed with a magistrate before the defendant appears; or the affidavit would be given to the officer to whom custody has been transferred.
Vote Recommendation Notes
We support HB 1574 because it upholds our commitment to limited government by ensuring that due process rights are protected, even when someone is suspected of committing a crime. Furthermore, this legislation would ensure that public policy in Texas is in alignment with precedence set by a United States Supreme Court ruling related to this issue.
Organizations Supporting
Texas Association of Counties
Texas Public Policy Foundation
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