Texas House Bill HB3316

Texas 2021 - 87th Regular

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 alterations introduced by HB 3316 aim to reduce the number of arrests related to family violence incidents, potentially easing the burden on the legal system while promoting alternative methods of addressing minor offenses at the scene. By facilitating citations, the bill is intended to lessen the trauma often associated with arrests, which can exacerbate family dynamics during already volatile situations. Additionally, this legislative change may also reflect a growing recognition of the complexities involved in family violence cases, where immediate law enforcement responses may not always be the most effective solution.

Summary

House Bill 3316 seeks to redefine the role of peace officers when they are involved in incidents concerning family violence. The bill proposes amendments to the Code of Criminal Procedure, particularly focused on the actions officers must take when investigating allegations of family violence or responding to disturbance calls that may involve such allegations. Under the new rules, officers will have the authority to issue citations instead of making arrests for separate misdemeanor offenses, thereby altering traditional enforcement approaches in these sensitive situations.

Contention

There are notable points of contention surrounding this bill. Critics might argue that issuing citations in lieu of arrests for misdemeanors could lead to inadequate accountability for individuals who pose a threat in domestic situations. There may be concerns regarding whether citations are sufficient as a deterrent or if they undermine the seriousness of the violence involved. Moreover, opponents might also worry about the potential for this approach to create inconsistencies in law enforcement practices, particularly if officers are uncertain when to issue a citation versus making an arrest in volatile family situations.