Texas 2019 - 86th Regular

Texas House Bill HB2754

Caption

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

Impact

If enacted, HB 2754 would significantly impact the treatment of low-level misdemeanor offenses, focusing on alternatives to arrests that could lead to jail time. By mandating law enforcement agencies to implement citation policies, the law aims to reduce the number of individuals incarcerated for nonviolent, minor offenses. This shift could contribute to a transformation in how misdemeanors are managed statewide, likely leading to greater efficiency in law enforcement operations and the justice system, as well as potentially affecting recidivism rates among those previously arrested for minor infractions.

Summary

House Bill 2754 aims to amend the Texas Code of Criminal Procedure by introducing limitations on the authority of peace officers to arrest individuals for certain misdemeanors that are punishable by fine only. This bill establishes a 'cite and release' policy, requiring law enforcement agencies to adopt written policies ensuring that individuals who present appropriate identification should receive a citation instead of being arrested for misdemeanor offenses, unless they fail to present ID or pose an immediate threat to public safety. This reform is expected to streamline processes within law enforcement and the judicial system while alleviating pressure on local jails, particularly during instances where minor infractions are involved.

Sentiment

The sentiment surrounding HB 2754 appears to be mixed, with supporters arguing that the bill promotes reasonable law enforcement practices without compromising public safety. Proponents contend that it allows law enforcement to focus on more serious crimes while decreasing the burdensome consequences for individuals, particularly those from marginalized communities who may be adversely affected by minor offenses. However, some critics warn that this approach might inadvertently lead to leniency in checking compliance for court appearances or could foster an environment of low accountability for offenses, stirring debate on the balance between justice and compassion.

Contention

Notable points of contention include concerns regarding the practical implementation of the 'cite and release' policy and how it may be interpreted by law enforcement officers in the field. Discussions also revolve around the potential vagueness of criteria that permit arrests without warrants, as critics argue that reliance on officer discretion could result in inconsistency and inequality in enforcement. Additionally, the restriction on arrests for specific misdemeanors has raised questions from some legislators and law enforcement officials as to how it would affect crime prevention strategies and overall community safety.

Companion Bills

No companion bills found.

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 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 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 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.

TX HB3695

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

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 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 SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB4517

Relating to the release of certain defendants on personal bond.

Similar Bills

No similar bills found.