84R3253 JRH-F
By: Thompson of Harris H.B. No. 1115
A BILL TO BE ENTITLED
AN ACT
relating to the appearance of certain misdemeanor defendants before
a magistrate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (e) to
read as follows:
(c)(1) A [If the person resides in the county where the
offense occurred, a] peace officer for a local law enforcement
agency [who is charging a person with committing an offense that is
a Class A or B misdemeanor] may[, instead of taking the person
before a magistrate,] issue [a citation] to a [the] person a
citation that contains the information required by Subsection (e)
instead of taking the person before a magistrate if:
(A) the person resides in the county where the
offense occurred; and
(B) the peace officer is charging the person with
committing an offense that is a Class A or B misdemeanor described
by Subsection (d).
(2) A peace officer for a state law enforcement agency
or a peace officer who is commissioned under Subchapter E, Chapter
51, Education Code, shall issue to a person a citation that contains
the information required by Subsection (e) instead of taking the
person before a magistrate if:
(A) the person resides in the county where the
offense occurred;
(B) the peace officer is charging the person with
committing an offense that is a Class A or B misdemeanor described
by Subsection (d); and
(C) the peace officer's supervisor or another
peace officer employed by a local political subdivision with
jurisdiction over the offense has not otherwise authorized the
peace officer to take the person before a magistrate [written
notice of the time and place the person must appear before a
magistrate of this state as described by Subsection (a), the name
and address of the person charged, and the offense charged].
(e) A citation issued under Subsection (c) must contain
written notice of the following information:
(1) the time and place the person must appear before a
magistrate of this state as described by Subsection (a);
(2) the name and address of the person charged; and
(3) the offense charged.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2015.