Texas Senate Bill SB2438

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/1/09
• Voted on by Senate: 5/6/09
• Out of House Committee: 5/18/09
• Voted on by House: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/27/09
• Passed: 6/19/09

Caption

Relating to imposing a duty on a sheriff to report certain warrant or capias information to a national database.

Impact

The enactment of SB 2438 would have significant implications for state criminal procedures. By instituting a mandatory reporting structure, the bill aims to improve the collection and accessibility of warrant information on a national level, which could aid in apprehending individuals with outstanding warrants. Additionally, it seeks to create a more standardized procedure among Texas sheriffs concerning the handling of warrants, ultimately enhancing law enforcement efficiency and coordination across jurisdictions.

Summary

Senate Bill 2438 mandates that sheriffs report certain warrant or capias information to a national database. Specifically, the bill requires sheriffs to report any warrants or capias that are issued for defendants charged with offenses other than Class C misdemeanors, particularly when these defendants fail to appear in court as summoned. This timely reporting must occur within 30 days of the warrant's issuance by the court clerk, thereby enhancing the accountability and tracking of individuals with pending legal issues.

Contention

During discussions surrounding the bill, potential points of contention include concerns about the burden placed on local law enforcement agencies to comply with the reporting mandate. Opponents may argue that this could divert resources away from local policing efforts, particularly in smaller departments with limited staff. Furthermore, there might be apprehensions regarding the implications for civil liberties and the potential for misuse of the national database, with critics worrying about individuals being unjustly impacted by a broad stroke approach to tracking warrant information.