Texas 2019 - 86th Regular

Texas Senate Bill SB2010 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4332 AJZ-F
2	2	By: Buckingham S.B. No. 2010
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a limitation on the authority to arrest a person for
8	8	certain misdemeanors punishable by fine only.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2, Code of Criminal Procedure, is
11	11	amended by adding Article 2.1309 to read as follows:
12	12	Art. 2.1309. CITE AND RELEASE POLICY. (a) In this article,
13	13	"law enforcement agency" means an agency of the state or an agency
14	14	of a political subdivision of the state authorized by law to employ
15	15	peace officers.
16	16	(b) Each law enforcement agency shall adopt a written policy
17	17	regarding the issuance of citations for misdemeanor offenses,
18	18	including traffic offenses, that are punishable by fine only. The
19	19	policy must provide a procedure for a peace officer employed by the
20	20	agency to verify a person's identity and issue a citation to a
21	21	person who fails to present proof of identification.
22	22	SECTION 2. Article 14.01, Code of Criminal Procedure, is
23	23	amended by adding Subsection (c) to read as follows:
24	24	(c) Notwithstanding Subsection (a) or (b), a peace officer
25	25	or any other person may not, without a warrant, arrest an offender
26	26	for a misdemeanor punishable by fine only, other than an offense
27	27	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
28	28	Penal Code.
29	29	SECTION 3. Article 14.03, Code of Criminal Procedure, is
30	30	amended by adding Subsection (h) to read as follows:
31	31	(h) Notwithstanding Subsection (a), (d), or (g), a peace
32	32	officer may not, without a warrant, arrest a person who only commits
33	33	one or more offenses punishable by fine only, other than an offense
34	34	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
35	35	Penal Code.
36	36	SECTION 4. Article 14.06, Code of Criminal Procedure, is
37	37	amended by amending Subsection (b) and adding Subsection (b-1) to
38	38	read as follows:
39	39	(b) A peace officer who is charging a person, including a
40	40	child, with committing an offense that is a [Class C] misdemeanor
41	41	punishable by fine only, other than an offense under Section 49.02,
42	42	Penal Code, shall [may], instead of taking the person before a
43	43	magistrate, issue a citation to the person that contains:
44	44	(1) written notice of the time and place the person
45	45	must appear before a magistrate;
46	46	(2) the name and address of the person charged;
47	47	(3) the offense charged;
48	48	(4) information regarding the alternatives to the full
49	49	payment of any fine or costs assessed against the person, if the
50	50	person is convicted of the offense and is unable to pay that amount;
51	51	and
52	52	(5) the following admonishment, in boldfaced or
53	53	underlined type or in capital letters:
54	54	"If you are convicted of a misdemeanor offense involving
55	55	violence where you are or were a spouse, intimate partner, parent,
56	56	or guardian of the victim or are or were involved in another,
57	57	similar relationship with the victim, it may be unlawful for you to
58	58	possess or purchase a firearm, including a handgun or long gun, or
59	59	ammunition, pursuant to federal law under 18 U.S.C. Section
60	60	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
61	61	questions whether these laws make it illegal for you to possess or
62	62	purchase a firearm, you should consult an attorney."
63	63	(b-1) A peace officer who is charging a person, including a
64	64	child, with committing an offense that is a misdemeanor under
65	65	Section 22.01(a)(2) or (3), Penal Code, punishable by fine only
66	66	may, instead of taking the person before a magistrate, issue a
67	67	citation to the person that contains all of the information
68	68	required for a citation issued under Subsection (b).
69	69	SECTION 5. Section 543.001, Transportation Code, is amended
70	70	to read as follows:
71	71	Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
72	72	officer may arrest without warrant a person found committing a
73	73	violation of this subtitle, other than a person found only
74	74	committing one or more misdemeanors punishable by fine only.
75	75	SECTION 6. Section 543.004(a), Transportation Code, is
76	76	amended to read as follows:
77	77	(a) An officer shall issue a written notice to appear if:
78	78	(1) the offense charged is a misdemeanor under this
79	79	subtitle that is punishable by fine only[:
80	80	[(A) speeding;
81	81	[(B) the use of a wireless communication device
82	82	under Section 545.4251; or
83	83	[(C) a violation of the open container law,
84	84	Section 49.031, Penal Code]; and
85	85	(2) the person makes a written promise to appear in
86	86	court as provided by Section 543.005.
87	87	SECTION 7. The changes in law made by this Act apply only to
88	88	an offense committed on or after the effective date of this Act. An
89	89	offense committed before the effective date of this Act is governed
90	90	by the law in effect on the date the offense was committed, and the
91	91	former law is continued in effect for that purpose. For purposes of
92	92	this section, an offense was committed before the effective date of
93	93	this Act if any element of the offense occurred before that date.
94	94	SECTION 8. This Act takes effect September 1, 2019.