Texas 2017 - 85th Regular

Texas House Bill HB574 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R24161 AJZ-D
2	2	By: Thompson of Harris, White, H.B. No. 574
3	3	Johnson of Dallas, Wu
4	4	Substitute the following for H.B. No. 574:
5	5	By: Johnson of Harris C.S.H.B. No. 574
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to a limitation on the authority to arrest a person for
11	11	certain misdemeanors punishable by a fine only.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 2, Code of Criminal Procedure, is
14	14	amended by adding Articles 2.1386 and 2.1387 to read as follows:
15	15	Art. 2.1386. CITE AND RELEASE POLICY. (a) In this article,
16	16	"law enforcement agency" means an agency of the state or an agency
17	17	of a political subdivision of the state authorized by law to employ
18	18	peace officers.
19	19	(b) The Texas Commission on Law Enforcement, in
20	20	consultation with law enforcement agencies, law enforcement
21	21	associations, law enforcement training experts, and community
22	22	organizations engaged in the development of law enforcement policy,
23	23	shall adopt a written model policy regarding the issuance of
24	24	citations for misdemeanor offenses, including traffic offenses,
25	25	that are punishable by a fine only. The policy must provide a
26	26	procedure for a peace officer, on a person's presentation of
27	27	appropriate identification, to verify the person's identity and
28	28	issue a citation to the person. The policy must comply with
29	29	Articles 14.01 and 14.03 of this code and Sections 543.001 and
30	30	543.004, Transportation Code.
31	31	(c) Each law enforcement agency shall adopt a written policy
32	32	regarding the issuance of citations for misdemeanor offenses,
33	33	including traffic offenses, that are punishable by a fine only. The
34	34	policy must meet the requirements for the model policy described by
35	35	Subsection (b). A law enforcement agency may adopt the model policy
36	36	adopted by the Texas Commission on Law Enforcement under Subsection
37	37	(b).
38	38	Art. 2.1387. RECORD OF WARRANTLESS ARREST. (a) A law
39	39	enforcement agency, as defined by Article 2.1386, shall maintain a
40	40	record of a warrantless arrest for a misdemeanor offense, including
41	41	a traffic offense, that is punishable by a fine only until at least
42	42	the first anniversary of the date of the arrest. The record must
43	43	include the arresting peace officer's justification for the arrest.
44	44	(b) Unless otherwise provided by law, an arrest record
45	45	described by Subsection (a) is not confidential and is subject to
46	46	disclosure under Chapter 552, Government Code.
47	47	SECTION 2. Article 14.01, Code of Criminal Procedure, is
48	48	amended by adding Subsections (c) and (d) to read as follows:
49	49	(c) Notwithstanding Subsection (a) or (b), a peace officer
50	50	or any other person may not, without a warrant, arrest an offender
51	51	who commits only one or more offenses punishable by a fine only,
52	52	other than an offense under Section 49.02, Penal Code, unless the
53	53	officer or person has probable cause to believe that:
54	54	(1) the failure to arrest the offender creates a clear
55	55	and immediate danger to the offender or the public;
56	56	(2) the failure to arrest the offender will allow a
57	57	continued breach of the public peace; or
58	58	(3) the offender will not appear in court in
59	59	accordance with the citation.
60	60	(d) For purposes of Subsection (c)(3), an unpaid fine
61	61	arising from the commission of a misdemeanor punishable by a fine
62	62	only under Subtitle C, Title 7, Transportation Code, does not
63	63	constitute probable cause to believe that the offender will fail to
64	64	appear in court.
65	65	SECTION 3. Article 14.03, Code of Criminal Procedure, is
66	66	amended by adding Subsection (h) to read as follows:
67	67	(h) Notwithstanding Subsection (a), (d), or (g), a peace
68	68	officer may not, without a warrant, arrest a person who commits only
69	69	one or more offenses punishable by a fine only, other than an
70	70	offense under Section 49.02, Penal Code, unless the officer has
71	71	probable cause as described by Articles 14.01(c) and (d).
72	72	SECTION 4. Section 543.001, Transportation Code, is amended
73	73	to read as follows:
74	74	Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
75	75	officer may arrest without warrant a person found committing a
76	76	violation of this subtitle, except that the officer may not arrest a
77	77	person found committing only one or more misdemeanors punishable by
78	78	a fine only unless the officer has probable cause as described by
79	79	Articles 14.01(c) and (d), Code of Criminal Procedure.
80	80	SECTION 5. Section 543.004(a), Transportation Code, is
81	81	amended to read as follows:
82	82	(a) Unless the officer is authorized to arrest the person
83	83	under Section 543.001, an [An] officer shall issue a written notice
84	84	to appear if:
85	85	(1) the offense charged is [speeding or] a misdemeanor
86	86	under this subtitle punishable by a fine only [violation of the open
87	87	container law, Section 49.03, Penal Code]; and
88	88	(2) the person makes a written promise to appear in
89	89	court as provided by Section 543.005.
90	90	SECTION 6. The changes in law made by this Act apply only to
91	91	an offense committed on or after the effective date of this Act. An
92	92	offense committed before the effective date of this Act is governed
93	93	by the law in effect on the date the offense was committed, and the
94	94	former law is continued in effect for that purpose. For purposes of
95	95	this section, an offense was committed before the effective date of
96	96	this Act if any element of the offense occurred before that date.
97	97	SECTION 7. (a) Not later than January 1, 2018, the Texas
98	98	Commission on Law Enforcement shall adopt the model policy required
99	99	by Article 2.1386(b), Code of Criminal Procedure, as added by this
100	100	Act.
101	101	(b) Not later than March 1, 2018, each law enforcement
102	102	agency in this state shall adopt the policy required by Article
103	103	2.1386(c), Code of Criminal Procedure, as added by this Act.
104	104	SECTION 8. This Act takes effect September 1, 2017.