Texas House Bill HB395

Texas 2019 - 86th Regular

Caption

Relating to the issuance of a citation for a criminal trespass offense punishable as a Class B misdemeanor.

Impact

If enacted, HB 395 would alter how law enforcement handles specific trespassing offenses. By enabling officers to issue citations in lieu of arrests for certain Class B misdemeanor offenses, the bill could influence arrest rates and judicial processing, potentially leading to a reduction in court caseloads. This change may free up law enforcement officers to focus on more serious crimes, while also lessening the negative repercussions that come with an arrest, which can impact an individual's employment and reputation.

Summary

House Bill 395 proposes amendments to Article 14.06(d) of the Code of Criminal Procedure relating to citations for criminal trespass offenses that are classified as Class B misdemeanors. The bill aims to clarify the circumstances under which an officer may issue a citation instead of taking a person into custody. Its primary goal is to streamline law enforcement procedures related to non-violent criminal offenses, thereby reducing unnecessary arrests and fostering more efficient use of police resources. This aligns with broader criminal justice reform initiatives aimed at decreasing the burden on the judicial system and addressing jail overcrowding issues.

Contention

There are notable points of contention surrounding this bill, particularly regarding public safety and the perceived leniency towards offenders. Proponents argue that the bill provides a more practical approach to handling minor offenses, reducing the strain on judicial resources and allowing law enforcement to prioritize serious crimes. Conversely, critics of HB 395 fear that such a measure may lead to the normalization of trespassing and could undermine the authority of law enforcement. Some community leaders and law enforcement officials have raised concerns that issuing citations instead of making arrests might not be sufficiently punitive, thereby risking a rise in trespassing incidents.