BILL ANALYSIS

 

 

Senate Research Center	H.B. 75
89R30426 LHC-F	By: Smithee (Huffman)
	Criminal Justice
	5/21/2025
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 75 requires magistrates to enter written findings within 24 hours of making a determination that there is no probable cause that a person committed the offense for which the person was arrested.

 

H.B. 75 amends current law relating to the duty of a magistrate to make written findings in certain criminal proceedings.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Article 15.17, Code of Criminal Procedure, by adding Subsection (h), as follows:

 

(h) Requires a magistrate, not later than 24 hours after the time a magistrate determines that no probable cause exists to believe that a person committed the offense for which the person was arrested, to enter in the record written findings to support that finding.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2025.