| 1 | 1 | | 85R1435 AJZ-F |
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| 2 | 2 | | By: Johnson of Dallas H.B. No. 774 |
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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 issuance of a citation or notice to appear for |
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| 8 | 8 | | certain misdemeanors punishable by a fine only. |
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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 (b) and adding Subsection (b-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) A peace officer who is charging a person, including a |
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| 14 | 14 | | child, with committing an offense that is a [Class C] misdemeanor |
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| 15 | 15 | | punishable by a fine only, other than an offense under Section |
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| 16 | 16 | | 49.02, Penal Code, or an offense under Chapter 106, Alcoholic |
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| 17 | 17 | | Beverage Code, shall [may], instead of taking the person before a |
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| 18 | 18 | | magistrate, issue a citation to the person that contains written |
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| 19 | 19 | | notice of the time and place the person must appear before a |
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| 20 | 20 | | magistrate, the name and address of the person charged, the offense |
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| 21 | 21 | | charged, and the following admonishment, in boldfaced or underlined |
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| 22 | 22 | | type or in capital letters: |
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| 23 | 23 | | "If you are convicted of a misdemeanor offense involving |
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| 24 | 24 | | violence where you are or were a spouse, intimate partner, parent, |
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| 25 | 25 | | or guardian of the victim or are or were involved in another, |
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| 26 | 26 | | similar relationship with the victim, it may be unlawful for you to |
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| 27 | 27 | | possess or purchase a firearm, including a handgun or long gun, or |
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| 28 | 28 | | ammunition, pursuant to federal law under 18 U.S.C. Section |
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| 29 | 29 | | 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any |
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| 30 | 30 | | questions whether these laws make it illegal for you to possess or |
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| 31 | 31 | | purchase a firearm, you should consult an attorney." |
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| 32 | 32 | | (b-1) A peace officer who is charging a person, including a |
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| 33 | 33 | | child, with committing an offense that is a misdemeanor punishable |
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| 34 | 34 | | by a fine only under Chapter 106, Alcoholic Beverage Code, may, |
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| 35 | 35 | | instead of taking the person before a magistrate, issue to the |
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| 36 | 36 | | person a citation that contains written notice of the time and place |
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| 37 | 37 | | the person must appear before a magistrate, the name and address of |
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| 38 | 38 | | the person charged, and the offense charged. |
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| 39 | 39 | | SECTION 2. Section 543.004(a), Transportation Code, is |
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| 40 | 40 | | amended to read as follows: |
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| 41 | 41 | | (a) An officer shall issue a written notice to appear if: |
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| 42 | 42 | | (1) the offense charged is [speeding or] a misdemeanor |
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| 43 | 43 | | under this subtitle that is punishable by a fine only [violation of |
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| 44 | 44 | | the open container law, Section 49.03, Penal Code]; and |
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| 45 | 45 | | (2) the person makes a written promise to appear in |
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| 46 | 46 | | court as provided by Section 543.005. |
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| 47 | 47 | | SECTION 3. Subchapter A, Chapter 543, Transportation Code, |
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| 48 | 48 | | is amended by adding Section 543.0045 to read as follows: |
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| 49 | 49 | | Sec. 543.0045. NOTIFICATION REQUIRED DURING TRAFFIC STOP. |
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| 50 | 50 | | (a) An officer who stops a motor vehicle as a result of a person's |
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| 51 | 51 | | alleged commission of a misdemeanor under this subtitle that is |
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| 52 | 52 | | punishable by a fine only shall promptly notify the person that: |
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| 53 | 53 | | (1) the alleged offense is a misdemeanor under this |
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| 54 | 54 | | subtitle that is punishable by a fine only; and |
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| 55 | 55 | | (2) the officer may not arrest a person solely on the |
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| 56 | 56 | | basis of that offense. |
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| 57 | 57 | | (b) The Texas Commission on Law Enforcement by rule shall |
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| 58 | 58 | | specify the language that is required to be included in the |
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| 59 | 59 | | notification described by Subsection (a). |
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| 60 | 60 | | SECTION 4. The changes in law made by this Act apply only to |
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| 61 | 61 | | an offense committed on or after the effective date of this Act. An |
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| 62 | 62 | | offense committed before the effective date of this Act is governed |
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| 63 | 63 | | by the law in effect on the date the offense was committed, and the |
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| 64 | 64 | | former law is continued in effect for that purpose. For purposes of |
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| 65 | 65 | | this section, an offense was committed before the effective date of |
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| 66 | 66 | | this Act if any element of the offense occurred before that date. |
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| 67 | 67 | | SECTION 5. The Texas Commission on Law Enforcement shall |
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| 68 | 68 | | adopt the rules required by Section 543.0045(b), Transportation |
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| 69 | 69 | | Code, as added by this Act, not later than December 1, 2017. |
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| 70 | 70 | | SECTION 6. (a) Except as provided by Subsection (b) of this |
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| 71 | 71 | | section, this Act takes effect September 1, 2017. |
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| 72 | 72 | | (b) Section 543.0045, Transportation Code, as added by this |
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| 73 | 73 | | Act, takes effect January 1, 2018. |
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