LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

87TH LEGISLATIVE REGULAR SESSION
 
March 17, 2021

TO:
Honorable James White, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB1035 by Dutton (Relating to the use of force by peace officers and certain other persons to make an arrest or search or prevent an escape from custody.), As Introduced

The provisions of the bill addressed by this analysis would amend the Penal Code as it relates to peace officers and certain other persons to make an arrest or search or prevent an escape from custody.  Under the provisions of the bill, the use of force by certain individuals in certain situations would be justifiable if it was objectively reasonable.

The analysis assumes implementing the provisions of the bill would not result in a significant impact on the demand for state correctional resources.  The bill does not expressly create a felony offense, increase the punishment for an existing misdemeanor to that of a felony, increase the punishment for an existing felony offense or category of felony-level offenses, or change the eligibility of a person for felony community supervision, parole, or mandatory supervision.




Source Agencies:
LBB Staff:
JMc, DKn, LM, MP