Texas 2019 - 86th Regular

Texas House Bill HB2754 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: White, Thompson of Harris, Toth, Krause, H.B. No. 2754
2		-	Coleman, et al.
	1	+	86R25304 AJZ-F
	2	+	By: White, et al. H.B. No. 2754
	3	+	Substitute the following for H.B. No. 2754:
	4	+	By: Pacheco C.S.H.B. No. 2754
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to a limitation on the authority to arrest a person for
8	10		certain misdemeanors punishable by fine only.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Chapter 2, Code of Criminal Procedure, is
11	13		amended by adding Article 2.1308 to read as follows:
12	14		Art. 2.1308. CITE AND RELEASE POLICY. (a) In this article,
13	15		"law enforcement agency" means an agency of the state or an agency
14		-	of a political subdivision of the state that employs peace officers
15		-	who, in the routine performance of the officers' duties, conduct
16		-	custodial or noncustodial arrests of persons suspected of
17		-	committing criminal offenses.
	16	+	of a political subdivision of the state authorized by law to employ
	17	+	peace officers.
18	18		(b) Each law enforcement agency, in consultation with
19	19		judges, prosecutors, commissioners courts, governing bodies of
20	20		municipalities, and residents located within the agency's
21	21		jurisdiction, shall adopt a written policy regarding the issuance
22	22		of citations for misdemeanor offenses, including traffic offenses,
23	23		that are punishable by fine only. The policy must provide a
24	24		procedure for a peace officer, on a person's presentation of
25	25		appropriate identification, to verify the person's identity and
26	26		issue a citation to the person. The policy must:
27	27		(1) comply with Articles 14.01, 14.03, and 14.06 of
28	28		this code and Sections 543.001 and 543.004, Transportation Code;
29	29		and
30	30		(2) ensure judicial efficiency, law enforcement
31	31		efficiency and effectiveness, and community safety.
32	32		SECTION 2. Article 14.01, Code of Criminal Procedure, is
33	33		amended by adding Subsection (c) to read as follows:
34	34		(c) Notwithstanding Subsection (a) or (b), a peace officer
35	35		or any other person may not, without a warrant, arrest an offender
36	36		who commits only one or more offenses punishable by fine only, other
37		-	than an offense under Section 21.17, 22.01(a)(2) or (3), or 49.02,
38		-	Penal Code, or Chapter 106, Alcoholic Beverage Code, unless the
39		-	offender fails to present appropriate identification or the officer
	37	+	than an offense under Section 22.01(a)(2) or (3) or 49.02, Penal
	38	+	Code, or Chapter 106, Alcoholic Beverage Code, unless the officer
40	39		or person has probable cause to believe that:
41	40		(1) the failure to arrest the offender creates a clear
42	41		and immediate danger to the offender or the public;
43	42		(2) the failure to arrest the offender will allow a
44	43		continued breach of the public peace; or
45	44		(3) the offender will not appear in court in
46	45		accordance with the citation.
47	46		SECTION 3. Article 14.03, Code of Criminal Procedure, is
48	47		amended by adding Subsection (h) to read as follows:
49	48		(h) Notwithstanding Subsection (a), (d), or (g), a peace
50	49		officer may not, without a warrant, arrest a person who commits only
51	50		one or more offenses punishable by fine only, other than an offense
52		-	under Section 21.17, 22.01(a)(2) or (3), or 49.02, Penal Code, or
53		-	Chapter 106, Alcoholic Beverage Code, unless the person fails to
54		-	present appropriate identification or the officer has probable
55		-	cause as described by Article 14.01(c).
	51	+	under Section 22.01(a)(2) or (3) or 49.02, Penal Code, or Chapter
	52	+	106, Alcoholic Beverage Code, unless the officer has probable cause
	53	+	as described by Article 14.01(c).
56	54		SECTION 4. Article 14.06, Code of Criminal Procedure, is
57	55		amended by amending Subsection (b) and adding Subsection (b-1) to
58	56		read as follows:
59	57		(b) A peace officer who is charging a person, including a
60	58		child, with committing an offense that is a [Class C] misdemeanor
61		-	punishable by fine only, other than an offense under Section 21.17,
62		-	22.01(a)(2) or (3), or 49.02, Penal Code, or Chapter 106, Alcoholic
63		-	Beverage Code, and other than circumstances under which the person
64		-	fails to present appropriate identification or the peace officer
65		-	has probable cause as described by Article 14.01(c), shall [may],
66		-	instead of taking the person before a magistrate, issue a citation
67		-	to the person that contains:
	59	+	punishable by fine only, other than an offense under Section
	60	+	22.01(a)(2) or (3) or 49.02, Penal Code, or Chapter 106, Alcoholic
	61	+	Beverage Code, shall [may], instead of taking the person before a
	62	+	magistrate, issue a citation to the person that contains:
68	63		(1) written notice of the time and place the person
69	64		must appear before a magistrate;
70	65		(2) the name and address of the person charged;
71	66		(3) the offense charged;
72	67		(4) information regarding the alternatives to the full
73	68		payment of any fine or costs assessed against the person, if the
74	69		person is convicted of the offense and is unable to pay that amount;
75	70		and
76	71		(5) the following admonishment, in boldfaced or
77	72		underlined type or in capital letters:
78	73		"If you are convicted of a misdemeanor offense involving
79	74		violence where you are or were a spouse, intimate partner, parent,
80	75		or guardian of the victim or are or were involved in another,
81	76		similar relationship with the victim, it may be unlawful for you to
82	77		possess or purchase a firearm, including a handgun or long gun, or
83	78		ammunition, pursuant to federal law under 18 U.S.C. Section
84	79		922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
85	80		questions whether these laws make it illegal for you to possess or
86	81		purchase a firearm, you should consult an attorney."
87	82		(b-1) Notwithstanding Subsection (b), a peace officer who
88	83		is charging a person, including a child, with committing an offense
89		-	that is a misdemeanor punishable by fine only under Section ~~21.17 or~~
	84	+	that is a misdemeanor punishable by fine only under Section
90	85		22.01(a)(2) or (3), Penal Code, or Chapter 106, Alcoholic Beverage
91	86		Code, may, instead of taking the person before a magistrate, issue
92	87		to the person a citation that contains all of the information
93	88		required for a citation issued under Subsection (b).
94	89		SECTION 5. Section 543.001, Transportation Code, is amended
95	90		to read as follows:
96	91		Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
97	92		officer may arrest without warrant a person found committing a
98	93		violation of this subtitle, except that the officer may not arrest a
99	94		person found committing only one or more misdemeanors punishable by
100		-	fine only unless the person fails to present appropriate
101		-	identification or the officer has probable cause as described by
	95	+	fine only unless the officer has probable cause as described by
102	96		Article 14.01(c), Code of Criminal Procedure.
103	97		SECTION 6. Section 543.004(a), Transportation Code, is
104	98		amended to read as follows:
105	99		(a) Unless the officer is authorized to arrest the person
106	100		under Section 543.001, an [An] officer shall issue a written notice
107	101		to appear if:
108	102		(1) the offense charged is a misdemeanor under this
109	103		subtitle that is punishable by fine only[:
110	104		[(A) speeding;
111	105		[(B) the use of a wireless communication device
112	106		under Section 545.4251; or
113	107		[(C) a violation of the open container law,
114	108		Section 49.031, Penal Code]; and
115	109		(2) the person makes a written promise to appear in
116	110		court as provided by Section 543.005.
117	111		SECTION 7. The changes in law made by this Act apply only to
118	112		an offense committed on or after the effective date of this Act. An
119	113		offense committed before the effective date of this Act is governed
120	114		by the law in effect on the date the offense was committed, and the
121	115		former law is continued in effect for that purpose. For purposes of
122	116		this section, an offense was committed before the effective date of
123	117		this Act if any element of the offense occurred before that date.
124	118		SECTION 8. Not later than January 1, 2020, each law
125	119		enforcement agency in this state shall adopt the policy required by
126	120		Article 2.1308(b), Code of Criminal Procedure, as added by this
127	121		Act.
128	122		SECTION 9. This Act takes effect September 1, 2019.