Texas 2011 - 82nd Regular

Texas Senate Bill SB374

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
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

Should SB374 be enacted, its provisions would alter the financial responsibilities of defendants and contribute to increased revenue for law enforcement agencies involved in arrest operations. This could lead to broader implications for the overall cost of justice in the state, particularly for defendants who may face these costs upon conviction. The bill is a part of ongoing efforts to standardize and justify the financial aspects of law enforcement and legal processes within the state.

Summary

SB374 introduces changes to the fees associated with the services provided by peace officers in executing or processing arrest warrants and other related legal actions. Specifically, the bill raises the fee for executing or processing an arrest warrant, capias, or capias pro fine from $50 to $75. This adjustment is intended to reflect the costs incurred by law enforcement agencies when executing these legal orders, thereby providing financial support for such services.

Sentiment

The sentiment surrounding the bill appears to be generally supportive among law enforcement entities, which may see this as a necessary measure to ensure that the costs of their services are adequately covered. However, there may be some concern among advocacy groups about the financial burden placed on defendants, particularly those who may already be in financially precarious situations. Such sentiments reflect ongoing debates about the balance between ensuring adequate funding for law enforcement and the potential impact on individuals entangled in the justice system.

Contention

Notable points of contention may arise from the adjustments to the fee structure, particularly regarding how these changes affect defendants' financial obligations upon conviction. Critics may argue that increasing fees could disproportionately impact low-income individuals who might be less able to bear such extra costs, thereby complicating the principles of equity within the legal system. The discussion of SB374 thus opens up broader questions about how costs are managed in the criminal justice system and who ultimately bears the burden.

Companion Bills

TX HB443

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.

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TX SB1420

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TX HB3992

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