Bill
SB 630
85(R) - 2017
Senate Criminal Justice
Senate Criminal Justice
Criminal Procedure
Companion Bill
HB 1574
Vote Recommendation
Yes
-
Neutral
-
Neutral
-
Neutral
-
Positive
-
Neutral
Author(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. If this bill passes, 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. It may be delivered in writing, or by verbal communication to the magistrate recorded in the court.
Vote Recommendation Notes
We support SB 630 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 Public Policy Foundation