BILL ANALYSIS

H.B. 2338

By: Lopez, Janie

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, a convicted defendant is required to pay a $50 fee for the execution or processing of an arrest warrant, capias, or capias pro fine. This fee has remained unchanged since it was set in 1999. However, the personnel costs for executing or processing these documents have risen significantly since then. Concerns have been raised that taxpayers have been subsidizing this process and that the cost should be paid by these defendants. H.B. 2338 seeks to address this issue by increasing the cost of the reimbursement fee paid by certain convicted defendants for executing or processing an arrest warrant, capias, or capias pro fine.

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. 2338 amends the Code of Criminal Procedure to increase from $50 to $75 the cost of the reimbursement fee that a defendant convicted of a felony or a Class A or Class B misdemeanor offense must pay for peace officer services in executing or processing an issued arrest warrant, capias, or capias pro fine. The bill retains the cost of the reimbursement fee at $50 for a defendant convicted only of a Class C misdemeanor.

H.B. 2338 applies only to a fee imposed for executing or processing an arrest warrant, capias, or capias pro fine issued for an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of such issued for an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.