HBA-CMT H.B. 2257 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2257
By: Garcia
Public Safety
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides that a person need not converse with a peace officer
if the peace officer is merely detaining the person.  The person may simply
remain silent, and after the detention is concluded, the person may simply
leave the encounter.  House Bill 2257 requires a peace officer to inform a
person who the peace officer detains of these existing rights. 

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 2257 establishes the Texas Pre-Miranda Detainment Warning Act of
2001.  The bill sets forth language that is required to be orally stated by
a peace officer as part of the pre-miranda detainment warning whenever a
peace officer stops and detains a person, and provides for the warning to
be spoken in Spanish if the peace officer is fluent in Spanish. 

EFFECTIVE DATE

On passage, if the Act does not receive the necessary vote, the act takes
effect September 1, 2001.