Texas 2011 - 82nd Regular

Texas House Bill HB443

Filed

12/17/10

Out of House Committee

3/11/11

Introduced

12/17/10

Voted on by House

4/11/11

Refer

2/17/11

Out of Senate Committee

Report Pass

3/8/11

Voted on by Senate

Engrossed

4/11/11

Governor Action

Refer

4/20/11

Bill Becomes Law

Caption

Relating to the amount of the fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.

Impact

If enacted, this bill would modify Article 102.011(a) of the Code of Criminal Procedure, leading to higher court costs for defendants who are convicted of felonies or misdemeanors. These increased fees will serve to support local law enforcement agencies which carry the burden of these operations, providing them with additional resources for their tasks. The measure also includes provisions that stipulate the fee must be imposed only if a request is made by the law enforcement agency to the court within a specified timeframe following the execution of the warrant.

Summary

House Bill 443 pertains to adjustments in the fees associated with the services rendered by peace officers in the execution or processing of arrest warrants, capias, and capias pro fine. The bill proposes an increase in the fee for executing or processing an arrest warrant from $50 to $75. This particular change aims to better reflect the costs associated with law enforcement practices and the administrative responsibilities involved in processing such legal instruments.

Conclusion

Overall, House Bill 443 reflects an ongoing evaluation of funding for law enforcement practices, as it initiates a dialogue about balancing the financial aspects of crime control with the rights and financial realities of defendants. By placing an emphasis on increasing fees, the bill seeks to reinforce the financial viability of law enforcement operations while inviting scrutiny regarding the implications for fairness and equity within the judicial process.

Contention

While proponents of the bill argue that it is necessary to adequately compensate law enforcement agencies for their services and operational costs, this increase may evoke concerns regarding the financial burden placed on defendants in an already strained legal system. Critics of the bill might express worries that rising court costs could disproportionately affect lower-income individuals, exacerbating inequality in the justice system and potentially discouraging access to legal recourse.

Latest TX HB443 Activity

View All Events: TX 2011 - 82nd Regular HB443

Companion Bills

TX SB374

Identical Relating to the amount of the fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.

Previously Filed As

TX HB2338

Relating to the amount of the reimbursement fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.

TX SB157

Relating to the amount of the reimbursement fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX SB571

Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX HB2141

Relating to a hearing for an alleged violation of community supervision by a defendant and the manner in which that defendant is required to appear before the court.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

TX HB2519

Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.