Texas 2019 - 86th Regular

Texas Senate Bill SB172

Caption

Relating to certain procedures applicable to a person arrested for an out-of-county offense.

Impact

The implementation of SB172 is significant as it alters the Texas Code of Criminal Procedure, particularly concerning how indigent defendants are treated during out-of-county arrests. The bill requires that appointed counsel be provided without unnecessary delays, enhancing the legal rights of individuals unable to afford legal representation. Furthermore, it allows for the arresting county to seek reimbursement for costs incurred in relation to the appointed counsel, establishing a financial mechanism to support the new procedures.

Summary

SB172 addresses procedures relevant to individuals arrested for offenses in a county different from the one where the warrant was issued. The bill mandates that if an indigent defendant requests appointed counsel, this must be arranged within certain prescribed timeframes regardless of their physical presence in the county issuing the warrant. This provision aims to streamline the process by which legal representation is provided to defendants who may otherwise face delays due to inter-county coordination issues.

Contention

Discussions around SB172 may reveal contention primarily in two areas: the expedited access to legal counsel and the financial implications of the reimbursement process. Critics might argue that while the bill aims to hasten legal representation, it could inadvertently create burdens on smaller or resource-limited counties required to manage reimbursement procedures efficiently. Additionally, concerns may be raised regarding the practical implementation of the bill and whether it will effectively address gaps in legal representation for indigent defendants.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4379

Relating to citations and arrests for criminal offenses and pretrial detention and release.

TX HB405

Relating to the appearance of an arrested person before a magistrate and to the retention of certain related records.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

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 HB3956

Relating to the creation of DNA records for a person arrested for a felony offense and the expunction of DNA records in certain circumstances.

TX SB571

Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

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 HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB381

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

Similar Bills

No similar bills found.