Texas House Bill HB274

Texas 2021 - 87th Regular

Caption

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

Impact

The bill amends several sections of the Code of Criminal Procedure, stipulating that a peace officer cannot arrest individuals for misdemeanor offenses punishable by fine only without probable cause to believe that their failure to arrest poses an immediate threat to public safety or will disrupt the public peace. This change is aimed at minimizing the negative repercussions that come with arrest, such as incarceration and a criminal record, particularly for low-level offenses which tend to disproportionately affect marginalized communities.

Summary

House Bill 274 aims to reform the approach to the arrest of individuals committing certain misdemeanor offenses that are punishable by fines only. Specifically, it introduces a 'cite and release' policy, mandating that law enforcement agencies adopt written policies for the issuance of citations instead of arrests for such offenses. The intent behind this legislation is to reduce the number of unnecessary arrests and to improve judicial and law enforcement efficiency as well as community safety.

Contention

However, there are points of contention regarding this bill. Proponents argue that the cite and release policy will not only alleviate the burden on the local justice systems but also contribute to the reduction of racial disparities in arrests. Critics, however, raise concerns over potential loopholes in the application of the law and whether enforcement will be consistent across different jurisdictions. Furthermore, there are apprehensions about maintaining public safety and ensuring adherence to judicial processes while implementing this reform.