HBA-LJP C.S.H.B. 512 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 512
By: Keel
Criminal Jurisprudence
4/3/2001
Committee Report (Substituted)


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.  C.S.H.B. 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 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

C.S.H.B. 512 amends the Code of Criminal Procedure to provide that a person
must be released on 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 bond not later than the 24th hour after
the arrest.  The bill provides that the person must be released on a
$10,000 bond not later than the 48th hour after the arrest if the arrest
was for a felony.  The bill requires the court to release these persons on
personal bond, if the person is unable to obtain a surety for the bond or
unable to deposit money in the amount of the bond. 

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 bond for not more than 72 hours after the
person's arrest. 

EFFECTIVE DATE

September 1, 2001.
 
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 512 modifies the original by providing for the release of certain
persons on bond, rather than personal bonds, and requires the court to
release certain persons on personal bond, if a person is unable to obtain a
surety for the bond or unable to deposit money in the amount of the bond.