HBA-EDN H.B. 1395 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1395
By: Talton
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a peace officer is authorized, without warrant, to
pursue and arrest a person if it is shown by satisfactory proof to the
peace officer that a felony has been committed by the person and that the
person may potentially escape if the time is taken to procure a warrant.
Consequently, it is possible for a peace officer to not be able to detain a
person without first securing a probable cause warrant even if the person
makes a voluntary confession to a crime.  This process may take several
hours, but making an arrest without a warrant, even after confession, risks
any additional evidence being thrown out of court. Thus, a peace officer
would have to request that a suspect wait until the necessary paperwork is
obtained or follow the suspect to ensure that the suspect does not escape.
Authorizing a peace officer to make an arrest of a person who makes a
voluntary confession  to a felony would remedy this situation without
jeopardizing any of the constitutional safeguards with respect to a
suspect.  House Bill 1395 authorizes a peace officer, without warrant, to
arrest a person if the person makes a statement voluntarily to the officer
that establishes probable cause.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1395 amends the Code of Criminal Procedure to authorize a peace
officer, without warrant, to arrest a person when the person makes a
statement to a peace officer that establishes probable cause to believe
that the person has committed a felony if the statement was made freely and
voluntarily without compulsion or persuasion. 

EFFECTIVE DATE

September 1, 2001.