Texas House Bill HB410

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of House Committee: 4/26/23
• Voted on by House: 5/3/23

Caption

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.

Impact

Should HB 410 become law, it will amend existing procedures regarding how law enforcement agencies handle certain misdemeanor offenses. Specifically, it limits the authority of peace officers to arrest individuals solely for misdemeanors punishable by fines, compelling instead that citations should primarily be issued. By doing so, the legislation aims to alleviate the burden on individuals who might otherwise face arrest for relatively minor infractions, thereby reducing the number of formal arrests in these cases.

Summary

House Bill 410 focuses on law enforcement policies surrounding the issuance of citations for misdemeanors that are punishable by fines only. Its primary aim is to establish a 'cite and release' policy, which allows law enforcement to issue citations instead of arresting individuals for specific minor offenses. This legislative effort is positioned as a means to reduce unnecessary arrests and to redirect law enforcement resources towards more serious crimes. The bill requires each law enforcement agency to adopt specific policies in line with a model to be created by the Bill Blackwood Law Enforcement Management Institute of Texas.

Sentiment

The general sentiment surrounding HB 410 appears to be supportive, especially among criminal justice reform advocates who argue that it will help combat the criminalization of poverty. Testimonies in favor of the bill came from representatives of various organizations, emphasizing the importance of focusing law enforcement efforts on more severe offenses. However, some law enforcement representatives voiced concerns regarding the practicality and implications of using citations in lieu of arrests.

Contention

The primary points of contention relate to whether the bill effectively balances the need for accountability with the imperative to reduce unnecessary criminalization in the population. Opponents worry about potential misuse or misunderstanding of the 'cite and release' policy, whereas proponents believe it enhances community trust in law enforcement and streamlines legal processes surrounding minor offenses. The debate highlights broader issues concerning policing strategies and reform within the Texas criminal justice system.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: New Section
  • Section: New Section

Transportation Code

• Chapter 5. Duties And Liabilities Of Common Carriers
  • Section: New Section
  • Section: 004
  • Section: New Section