Texas Senate Bill SB651

Texas 2019 - 86th Regular

Caption

Relating to the charging instrument in the prosecution of the offense of resisting arrest.

Impact

The enactment of SB651 could significantly affect the prosecution of cases involving resisting arrest. By requiring a clear statement of the underlying offense, the bill may help to streamline judicial processes and provide greater transparency. For law enforcement and prosecutors, this amendment aligns the process with existing practices that require specificity in charging documents for clarity and fairness. This legislation is anticipated to reinforce the legal standard that helps protect defendants’ rights during prosecution.

Summary

SB651 proposes amendments to the Code of Criminal Procedure in Texas specifically addressing the offense of resisting arrest. The bill mandates that any charging instrument, whether it be a complaint, information, or indictment, must detail the underlying offense for which a person is accused of resisting arrest under Section 38.03 of the Penal Code. This requirement aims to enhance clarity and ensure that defendants are adequately informed about the charges they face, potentially impacting the legal strategies employed by defense counsel.

Contention

While SB651 aims to provide clarity and improve the prosecution process, there may be contention surrounding the legislation. Critics may argue that the requirement for detailed specifications could complicate the filing process for law enforcement and lead to delays in prosecuting cases. Additionally, there could be concerns regarding how this will affect cases that involve multiple charges or where the connection between the resisting arrest allegation and the underlying offense is less clear. This could lead to debates on the practicality of implementing such measures in fast-paced law enforcement scenarios.