BILL ANALYSIS

H.B. 1347

By: Dutton

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Texas law does not require the disclosure of the underlying reason for an arrest when an individual is charged with resisting arrest. There are numerous unsubstantiated reports that law enforcement routinely uses the charge of resisting arrest as a fallback charge when no other crime appears to have occurred. Additionally, Texas courts have muddied the waters by holding that once law enforcement grabs an individual's arm, if the individual simply pulls away and asks what they are being arrested for, they are considered to be resisting arrest. H.B. 1347 seeks to address this issue by requiring a charge of resisting arrest to include in the complaint, information, or indictment the underlying offense for which the individual was resisting arrest.

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.

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.

ANALYSIS

H.B. 1347 amends the Code of Criminal Procedure to establish that the complaint, information, or indictment in the prosecution of a criminal case in which the sole allegation is that a person has resisted arrest must state the underlying offense for which the person was resisting arrest. The bill's provisions apply only to a criminal case in which the complaint, information, or indictment is presented to the court on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.