Texas House Bill HB443

Texas 2011 - 82nd Regular

• 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
• Report Pass: 3/8/11
• Engrossed: 4/11/11
• Refer: 4/20/11

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.