HBA-NLM H.B. 122 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 122
By: Keel
Criminal Jurisprudence
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, probable cause alone is insufficient for a peace officer to make
a felony arrest without a warrant. Under federal law, probable cause is all
that is required for arrests, but Texas statutes require probable cause
plus other factors such as the suspect's imminent escape.  H.B.122
authorizes a peace officer to arrest an offender without a warrant, if the
peace office has probable cause to believe that a felony has been committed
and that exigent circumstances exists. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not delegate  any additional rulemaking authority to a state officer,
department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 14.04, Code of Criminal Procedure, to authorize
a peace officer who has probable cause to believe that a felony has been
committed and that exigent circumstances exist to make an arrest without a
warrant.  Deletes language referring to probability of escape,  timeliness
of procuring a warrant and information from a credible person as conditions
of arrest without a warrant. Makes nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.