BILL ANALYSIS H.B. 1322 By: Burns Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties contend that the current process through which a blood search warrant is issued could be more efficient if justices of the peace were authorized to issue these warrants. H.B. 1322 seeks to remedy this situation by extending to a justice of the peace the authorization to issue a search warrant to collect a blood specimen from a person who is arrested for certain intoxication offenses and refuses to submit to a breath or blood alcohol test. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1322 amends the Code of Criminal Procedure to extend to a justice of the peace the authorization to issue a search warrant to collect a blood specimen from a person who is arrested for one of the following offenses and refuses to submit to a breath or blood alcohol test: driving while intoxicated, driving while intoxicated with a child passenger, flying while intoxicated, boating while intoxicated, assembling or operating an amusement ride while intoxicated, intoxication assault, or intoxication manslaughter. EFFECTIVE DATE September 1, 2017.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1322
By: Burns
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 1322
By: Burns
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties contend that the current process through which a blood search warrant is issued could be more efficient if justices of the peace were authorized to issue these warrants. H.B. 1322 seeks to remedy this situation by extending to a justice of the peace the authorization to issue a search warrant to collect a blood specimen from a person who is arrested for certain intoxication offenses and refuses to submit to a breath or blood alcohol test.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1322 amends the Code of Criminal Procedure to extend to a justice of the peace the authorization to issue a search warrant to collect a blood specimen from a person who is arrested for one of the following offenses and refuses to submit to a breath or blood alcohol test: driving while intoxicated, driving while intoxicated with a child passenger, flying while intoxicated, boating while intoxicated, assembling or operating an amusement ride while intoxicated, intoxication assault, or intoxication manslaughter.
EFFECTIVE DATE September 1, 2017.
BACKGROUND AND PURPOSE
Interested parties contend that the current process through which a blood search warrant is issued could be more efficient if justices of the peace were authorized to issue these warrants. H.B. 1322 seeks to remedy this situation by extending to a justice of the peace the authorization to issue a search warrant to collect a blood specimen from a person who is arrested for certain intoxication offenses and refuses to submit to a breath or blood alcohol test.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1322 amends the Code of Criminal Procedure to extend to a justice of the peace the authorization to issue a search warrant to collect a blood specimen from a person who is arrested for one of the following offenses and refuses to submit to a breath or blood alcohol test: driving while intoxicated, driving while intoxicated with a child passenger, flying while intoxicated, boating while intoxicated, assembling or operating an amusement ride while intoxicated, intoxication assault, or intoxication manslaughter.
EFFECTIVE DATE
September 1, 2017.