BILL ANALYSIS

C.S.H.B. 3671

By: Jones, Jolanda

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Justices of the peace provide a vital service to counties across the state. Yet, our justice courts are facing new dangerous conditions. In 2017, tragically, Assistant Chief Deputy Clint Greenwood lost his life in the line of duty, killed while wearing his Harris County Precinct 3 Constable uniform. Senseless acts of violence against public servants are becoming increasingly more common, specifically in justice courts, which lack the security measures other courts have in place. This puts justices of the peace at risk, depriving them of the peace of mind necessary to perform their duties. Currently, there are no laws defining what security measures justice courts must have to protect the justice of the peace, their staff, and visitors. C.S.H.B. 3671 seeks to address this issue by putting in place minimum security requirements to ensure the justice courts are safe. The legislation would require all justice courts to be fitted with a metal detection device, in addition to a security guard at each entry point available to the public.

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

C.S.H.B. 3671 amends the Government Code to require the commissioners court of a county with a population of 3.3 million or more to provide to each justice court in the county a metal detection device and a constable, deputy constable, or deputy sheriff for each door of the court open to the public. The bill requires the commissioners court, in complying with this requirement, to first use money in the county's courthouse security fund, and, only if necessary, money from the county's general revenue fund.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3671 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute replaces the requirement in the introduced for a commissioners court of a county to provide each justice court with a walkthrough metal detector and an armed bailiff, deputy sheriff, or contract security guard for each door of the court open to the public with a requirement for the commissioners court of a county with a population of 3.3 million or more to provide to each justice court in the county a metal detection device and a constable, deputy constable, or deputy sheriff for each door of the court open to the public.

The substitute omits the requirement in the introduced for a justice of the peace to require each person who enters the justice court, other than court employees, while the court is in session to walk through a metal detector and be subject to further security procedures.