Texas 2019 - 86th Regular

Texas House Bill HB482

Caption

Relating to a limitation on the authority to arrest a person for certain misdemeanors punishable by fine only.

Impact

This legislation impacts the Code of Criminal Procedure by amending provisions related to the authority of peace officers to arrest individuals for misdemeanors punishable by fines only. Under this new law, officers are prohibited from arresting individuals without a warrant for low-level misdemeanor offenses, promoting a shift towards a citation-first approach. This change is expected to minimize the number of individuals entering the judicial system for minor infractions, thereby streamlining processing and focusing law enforcement resources on more serious crimes.

Summary

House Bill 482 addresses the limitations on law enforcement authorities regarding the arrest of individuals for certain misdemeanors that are punishable only by fines. The bill stipulates that each law enforcement agency in Texas must adopt a written policy to issue citations for such offenses instead of arresting offenders. This policy is designed to prevent unnecessary arrests for minor offenses, thereby reducing the burden on the criminal justice system for low-level violations.

Contention

Though the bill is intended to foster a less punitive approach towards minor offenses, it has raised some concerns among law enforcement agencies regarding the practical implications of implementation. Critics may argue that while citations are a less severe response, they could potentially undermine compliance with court appearances or other legal obligations. Moreover, there might be discussions regarding how effectively law enforcement can manage the verification processes involved in citation issuance, especially for individuals without identification.

Companion Bills

TX SB2010

Same As Relating to a limitation on the authority to arrest a person for certain misdemeanors punishable by fine only.

Previously Filed As

TX HB410

Relating to law enforcement policies regarding the issuance of citations for misdemeanors punishable by fine only and to a limitation on the authority to arrest a person for certain fine-only misdemeanors.

TX HB2519

Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX SB571

Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX HB3695

Relating to the authority to issue a citation in lieu of arrest for certain Class A and B misdemeanors.

TX HB2193

Relating to the automatic expunction of all records and files related to arrests for certain misdemeanor offenses.

TX HB3956

Relating to the creation of DNA records for a person arrested for a felony offense and the expunction of DNA records in certain circumstances.

TX HB1715

Relating to the expunction of arrest records and files relating to certain nonviolent misdemeanor offenses.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB2096

Relating to the release on personal bond of certain defendants charged with, or released on bail or community supervision for, certain family violence misdemeanors.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

Similar Bills

No similar bills found.