HBA-BSM, LJP H.B. 512 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 512
By: Keel
Criminal Jurisprudence
3/18/2001
Introduced


BACKGROUND AND PURPOSE 

Under current law, a criminal suspect has the right any time after being
arrested to request a magistrate to review the evidence against the person
and set a proper bail amount.  The current law can be circumvented by an
arresting agency by simply not filing charges, resulting in suspects being
kept in jail for up to 72 hours and then released without a bond.  If a
written probable cause affidavit is later presented, a suspect is then
arrested for a second time for the same offense.  The 72 hour rule is the
product of a federal civil rights case, McGill v. Parsons, that held that
arresting agencies would not be held civilly liable for taking up to 72
hours to file formal charges on a warrantless arrest.  This case has been
inconsistently interpreted and several Texas counties follow different
practices.  There may be a need to establish a consistent statewide
procedure on warrantless arrests that balances the interests of the rights
of suspects with the necessity for reasonable time periods for arresting
agencies.  House Bill 512 provides that if no charges have been filed by
the arresting agency within 24 hours for a misdemeanor or 48 hours for a
felony, the suspect is to be released on a personal bond. 

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. 

ANALYSIS

House Bill 512 amends the Code of Criminal Procedure to provide that a
person must be released on a personal bond if the person: 

 _is arrested without a warrant;
 
 _is detained in jail; and
 
 _a magistrate has not determined whether probable cause exists to believe
that the person committed the offense. 
 
If the person was arrested for a misdemeanor, the bill provides that the
person must be released on a $5,000 personal bond not later than the 24th
hour after the arrest. The bill provides that the person must be released
on a $10,000 personal bond not later than the 48th hour after the arrest if
the arrest was for a felony.  

When the attorney representing the state files an application that states
the reason a magistrate has not determined whether probable cause exists to
believe that the person committed the offense, the bill authorizes the
magistrate to delay release on personal bond for not more than 72 hours
after the person's arrest. 

EFFECTIVE DATE

September 1, 2001.