HBA-NMO H.B. 884 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 884
By: Talton
Criminal Jurisprudence
3/17/99
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes a peace officer or a licensed private investigator
or security officer to execute an arrest warrant when a bail bondsman
surrenders the bondsman's defendant before the defendant's scheduled court
appearance.  H.B. 884 authorizes a peace officer or a licensed private
investigator or private security officer to execute a capias (Black's Law
Dictionary, Sixth Edition:  a writ which requires the officer to take a
named defendant into custody) issued when a defendant fails to appear
before the court. 
  
RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 23.05, Code of Criminal Procedure, to authorize
a capias issued under this article (Capias After Forfeiture) to be executed
by a peace officer or a private investigator or security officer licensed
under the Private Investigators and Private Securities Agencies Act,
Article 4413(29bb), V.T.C.S.   

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.  

SECTION 3.  Emergency clause.