| 1 | 1 | | 84R3253 JRH-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 1115 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the appearance of certain misdemeanor defendants before |
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| 8 | 8 | | a magistrate. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 14.06, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsection (c) and adding Subsection (e) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (c)(1) A [If the person resides in the county where the |
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| 14 | 14 | | offense occurred, a] peace officer for a local law enforcement |
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| 15 | 15 | | agency [who is charging a person with committing an offense that is |
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| 16 | 16 | | a Class A or B misdemeanor] may[, instead of taking the person |
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| 17 | 17 | | before a magistrate,] issue [a citation] to a [the] person a |
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| 18 | 18 | | citation that contains the information required by Subsection (e) |
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| 19 | 19 | | instead of taking the person before a magistrate if: |
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| 20 | 20 | | (A) the person resides in the county where the |
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| 21 | 21 | | offense occurred; and |
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| 22 | 22 | | (B) the peace officer is charging the person with |
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| 23 | 23 | | committing an offense that is a Class A or B misdemeanor described |
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| 24 | 24 | | by Subsection (d). |
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| 25 | 25 | | (2) A peace officer for a state law enforcement agency |
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| 26 | 26 | | or a peace officer who is commissioned under Subchapter E, Chapter |
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| 27 | 27 | | 51, Education Code, shall issue to a person a citation that contains |
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| 28 | 28 | | the information required by Subsection (e) instead of taking the |
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| 29 | 29 | | person before a magistrate if: |
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| 30 | 30 | | (A) the person resides in the county where the |
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| 31 | 31 | | offense occurred; |
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| 32 | 32 | | (B) the peace officer is charging the person with |
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| 33 | 33 | | committing an offense that is a Class A or B misdemeanor described |
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| 34 | 34 | | by Subsection (d); and |
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| 35 | 35 | | (C) the peace officer's supervisor or another |
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| 36 | 36 | | peace officer employed by a local political subdivision with |
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| 37 | 37 | | jurisdiction over the offense has not otherwise authorized the |
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| 38 | 38 | | peace officer to take the person before a magistrate [written |
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| 39 | 39 | | notice of the time and place the person must appear before a |
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| 40 | 40 | | magistrate of this state as described by Subsection (a), the name |
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| 41 | 41 | | and address of the person charged, and the offense charged]. |
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| 42 | 42 | | (e) A citation issued under Subsection (c) must contain |
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| 43 | 43 | | written notice of the following information: |
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| 44 | 44 | | (1) the time and place the person must appear before a |
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| 45 | 45 | | magistrate of this state as described by Subsection (a); |
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| 46 | 46 | | (2) the name and address of the person charged; and |
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| 47 | 47 | | (3) the offense charged. |
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| 48 | 48 | | SECTION 2. The change in law made by this Act applies only |
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| 49 | 49 | | to an offense committed on or after the effective date of this Act. |
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| 50 | 50 | | An offense committed before the effective date of this Act is |
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| 51 | 51 | | governed by the law in effect on the date the offense was committed, |
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| 52 | 52 | | and the former law is continued in effect for that purpose. For |
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| 53 | 53 | | purposes of this section, an offense was committed before the |
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| 54 | 54 | | effective date of this Act if any element of the offense occurred |
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| 55 | 55 | | before that date. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2015. |
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