Relating to an offense report prepared in the investigation of certain criminal cases.
Impact
The passage of SB494 is anticipated to have a notable impact on law enforcement practices in Texas. By requiring clearer documentation, the bill seeks to provide a more comprehensive understanding of the context surrounding arrests that involve resistance or evasion. This could aid in legal proceedings by ensuring that both prosecutors and defense attorneys have access to appropriate information regarding the circumstances leading to delinquency. Additionally, it could inform public discussions regarding police actions and accountability.
Details
Effective from September 1, 2017, the provisions set forth in SB494 will only apply to offense reports prepared on or after the implementation date, limiting any retroactive application of the law. This stipulation clarifies that it is an ongoing legislative initiative meant to align contemporary practices with evolving law enforcement and judicial standards.
Summary
Senate Bill 494 aims to amend the Code of Criminal Procedure by introducing a requirement for law enforcement to include specific information in offense reports related to incidents of resisting or evading arrest. The bill mandates that any offense report concerning such incidents must clearly state the underlying offense for which the individual was allegedly resisting or evading arrest. This change intends to enhance transparency in police reports and ensure that all relevant facts are documented in cases involving arrest resistance or evasion.
Contention
There are points of contention surrounding SB494, primarily revolving around the implementation of this new requirement. Critics argue that while documentation is necessary, the additional burden on law enforcement agencies may divert resources away from other critical duties. Furthermore, questions have been raised about how this change might affect the reporting efficiency and overall handling of such incidents. Proponents, however, assert that the benefits of having clear and specific records justify any additional workload and contribute towards greater accountability.
Relating to the prosecution of and punishment for the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child; increasing criminal penalties.
Relating to the required report of criminal offenses committed against individuals receiving certain state agency services; creating a criminal offense.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
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.