Texas 2011 - 82nd Regular

Texas House Bill HB1507

Filed
 
Out of House Committee
4/26/11  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the issuance of certain search warrants in certain counties.

Impact

A notable amendment to the bill requires that any magistrate who is not an attorney must complete an annual training course of at least eight hours concerning the application for and issuance of specific search warrants. This provision highlights a focus on ensuring that even non-attorney magistrates possess essential knowledge and skills to perform these duties competently. The law aims to balance accessibility to the judicial process in rural areas with the need for proper legal oversight.

Summary

House Bill 1507 aims to amend the Code of Criminal Procedure regarding the issuance of certain search warrants in counties with a population of less than 100,000. The bill allows any magistrate in these counties to issue search warrants under specific subdivisions of existing law. This change is significant for smaller jurisdictions where the availability of trained legal personnel has been limited. By permitting more magistrates to issue such warrants, the bill seeks to expedite law enforcement processes in less populated areas.

Contention

The bill has raised discussions surrounding the qualifications of magistrates in smaller counties, particularly the implications of allowing non-attorney magistrates to issue search warrants. Proponents argue that this facilitates law enforcement and enhances judicial efficiency in regions that may struggle with a lack of legal resources. Conversely, critics express concerns over the quality of judicial oversight and the potential for abuse of power if inadequately trained individuals are given such authority without sufficient safeguards in place.

Companion Bills

No companion bills found.

Previously Filed As

TX HB779

Relating to the issuance of certain search warrants by statutory county court judges.

TX HB1178

Relating to the authority of a magistrate to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.

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 HB504

Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

TX SB140

Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

TX HB1131

Relating to the authority of a justice of the peace to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication criminal offenses.

TX HB4504

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

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 HB1308

Relating to the establishment of a constable's department civil service system in certain counties; creating a criminal offense.

TX SB1418

Relating to the route designation for the issuance of a permit for the movement of oversize and overweight vehicles in certain counties.

Similar Bills

No similar bills found.