BILL ANALYSIS
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Senate Research Center |
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AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Given the evolution of modern technologies, criminal justice experts contend that referring to a telegraph in statutory provisions relating to warrants has become archaic, irrelevant, and unnecessary. H. B. 2300 seeks to address this issue.
H.B. 2300 amends and repeals certain provisions of the Code of Criminal Procedure to eliminate a telegraph transmission as a method to communicate certain information relating to arrest under warrant.
H.B. 2300 repeals the following provisions of the Code of Criminal Procedure:
• Article 15.10;
• Article 15.11;
• Article 15.12; and
• Article 15.13.
H.B. 2300 amends current law relating to eliminating telegraph transmission as a method to communicate certain information in a criminal case.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 15.08, Code of Criminal Procedure, to authorize a warrant of arrest to be forwarded by any method that ensures the transmission of a duplicate of the original warrant, including secure facsimile transmission or other secure electronic means, rather than including secure facsimile transmission or other secure electronic means or a telegraph transmission from any telegraph office to another in this State. Makes no further change.
SECTION 2. Amends Article 15.19(a), Code of Criminal Procedure, to delete existing text including notice by telegraph among the means by which notice may be given regarding the arrest and commitment of an arrested person and to make nonsubstantive changes.
SECTION 3. Repealers: Articles 15.10 (Copy to be Deposited), 15.11 (Duty of Telegraph Manager), 15.12 (Warrant or Complaint Must be Under Seal), and 15.13 (Telegram Prepaid), Code of Criminal Procedure.
SECTION 4. Effective date: September 1, 2015.