BILL ANALYSIS |
C.S.H.B. 2458 |
By: Price |
Criminal Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties contend that, at various times in certain counties, the persons authorized to issue a search warrant to collect a blood specimen from an individual arrested for an intoxication offense are not timely available. C.S.H.B. 2458 seeks to address this issue by revising the persons authorized to issue such a search warrant.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2458 amends the Code of Criminal Procedure to extend the authority to issue a search warrant to collect a blood specimen from a person who is arrested for one of certain specified intoxication offenses and who refuses to submit to a breath or blood alcohol test to a justice of the peace who is not an attorney licensed by the state, serves in a county with a population of 30,000 or less, and is authorized to issue those warrants by the commissioners court of that county.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2458 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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