LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION

May 11, 2007

TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB2391 by Madden (Relating to the appearance of certain misdemeanor offenders before a magistrate.), As Engrossed

No fiscal implication to the State is anticipated.

The bill would amend the Code of Criminal Procedure to authorize a peace officer charging a person with certain Class A or B misdemeanors, to issue a citation containing notice of the time and place the person must appear before a magistrate rather than taking the person before a magistrate at the time the person is being charged if the person resides in the county where the offense occurred. If the person fails to appear, the magistrate would be required to issue a warrant for the person's arrest.

Provisions of the bill would apply only to an offense committed on or after the effective date of the bill, which would be September 1, 2007.

Local Government Impact

No significant fiscal implication to units of local government is anticipated as a result of the proposed changes in procedures.

Source Agencies:

LBB Staff:

JOB, ES, DB