Texas House Bill HB2861

Texas 2023 - 88th Regular

• Filed: 2/27/23

Caption

Relating to the duties of peace officers investigating a family violence allegation or responding to a disturbance call that may involve family violence.

Impact

The changes proposed in HB 2861 could lead to significant adjustments in how law enforcement interacts with individuals involved in family violence scenarios. By allowing officers to issue citations rather than arrests for specific misdemeanors, the bill creates a framework that aims to prioritize the immediate safety of all parties involved. It also seeks to prevent the unnecessary integration of an individual into the criminal justice system for minor offenses, providing a more compassionate approach to family-related incidents.

Summary

House Bill 2861, introduced by Representative Garcia, aims to modify the duties of peace officers when investigating allegations of family violence or responding to related disturbance calls. The bill empowers officers to issue citations instead of making arrests in certain misdemeanor situations, thereby potentially reducing the need for arrest in cases where a person is subject to a separate misdemeanor warrant. This legislative effort is designed to address family violence incidents with a more nuanced approach that emphasizes non-arrest methods to help mitigate further escalation of violence.

Sentiment

The general sentiment around HB 2861 appears to be cautiously optimistic, with supporters highlighting the potential for reducing the criminalization of minor misdemeanors within the context of family disturbances. Advocates assert that this approach could foster better outcomes for families and individuals by diverting some cases from the courtroom. However, there are concerns among some legislators and advocacy groups regarding the possible implications this bill might have on accountability and the effective enforcement of laws surrounding family violence.

Contention

One notable point of contention surrounding the bill involves the balance between officer discretion and the necessity of holding individuals accountable for their actions in family violence situations. Critics argue that while issuing citations may reduce undue arrests, it could also lead to leniency in cases where arrests are warranted, potentially undermining the seriousness of family violence allegations. Additionally, there are discussions on whether the emphasis on non-arrest methods may inadvertently send the wrong message about the severity of such offenses, inviting further scrutiny and debate during the legislative process.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 5. Family Violence Prevention
  • Section: New Section