Sign & Release Warrants
While all the state budget bills are still being negotiated in Conference Committees, other bills, which have no apparent fiscal cost, are coming to the House floor to be voted on.
Yesterday the House passed a bill that affects how police act during traffic stops. When police stop a person for any reason and discover that there is a warrant on that person, the warrant is an order to arrest them, take them into custody and book them in jail. The most common reason for issuing a warrant on someone is “failure to appear” at a court date after being sent a summons.
This bill would establish a “sign and release warrant,” which allows courts to issue a new type of warrant that directs law enforcement officers who encounter a person with a warrant, to instead of arresting them, to give those defendants a new court date. It also establishes a procedure for law enforcement to provide defendants with that notice and record that the notice was given.
Not every crime would be eligible for this type of treatment by the courts: only misdemeanors and certain gross misdemeanors. For example, DWI and crimes of violence, including domestic assault, would not qualify for a sign and release warrant.
I supported the general idea in the bill. It avoids wasting police time filling out paperwork and driving people to jail who are wanted on lesser offenses. It limits the chances of something going wrong for either the motorist or the officer in a tense encounter by the side of the road. In some cases, the warrant may result from a summons being sent to the wrong address or another mistake. If an officer is taking somebody to jail, they are not catching people committing worse crimes, they are not responding to emergencies and other more critical law enforcement tasks.
Nevertheless, I could not support the bill in its current shape. The list of non-qualifying crimes was too short and needs further revision. For example, people who purchase or provide guns to felons and other non-permitted persons could get a sign and release warrant. I also wasn’t convinced that seasoned criminals wouldn’t just use this new process to keep putting off their court date and sentencing, all the while committing new crimes.
The bill passed the House on a vote of 73-59, but there is currently no Senate companion bill which means it needs to start the process over in the Senate. I am hopeful that if it comes back to the house some of these issues will be resolved.
|