Texas 2021 - 87th Regular

Texas House Bill HB2588 Compare Versions

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

Old	New	Differences
1	1	87R6625 AJZ-D
2	2	By: Crockett H.B. No. 2588
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.
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 2.1308 to read as follows:
12	12	Art. 2.1308. 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, other
18	18	than violent misdemeanors as defined by Article 14.01. The policy
19	19	must provide a procedure for a peace officer, on a person's
20	20	presentation of appropriate identification, to verify the person's
21	21	identity and issue a citation to the person. The policy must comply
22	22	with Articles 14.01, 14.03, and 14.06 of this code and Sections
23	23	543.001 and 543.004, Transportation Code.
24	24	SECTION 2. Article 14.01, Code of Criminal Procedure, is
25	25	amended by adding Subsections (c) and (d) to read as follows:
26	26	(c) Notwithstanding Subsection (a) or (b), a peace officer
27	27	or any other person may not, without a warrant, arrest an offender
28	28	who commits only one or more misdemeanor offenses, other than a
29	29	violent misdemeanor or an offense under Section 49.02, Penal Code,
30	30	unless the officer or person has probable cause to believe that:
31	31	(1) the failure to arrest the offender creates a clear
32	32	and immediate danger to the offender or the public; or
33	33	(2) the failure to arrest the offender will allow a
34	34	continued breach of the public peace.
35	35	(d) For purposes of this section, "violent misdemeanor"
36	36	means an offense under the laws of this state that is punishable as
37	37	a misdemeanor and that has as an element the use, attempted use, or
38	38	threatened use of force against any person.
39	39	SECTION 3. Article 14.03, Code of Criminal Procedure, is
40	40	amended by adding Subsection (h) to read as follows:
41	41	(h) Notwithstanding Subsection (a), (d), or (g), a peace
42	42	officer may not, without a warrant, arrest a person who commits only
43	43	one or more misdemeanor offenses, other than a violent misdemeanor
44	44	as defined by Article 14.01 or an offense under Section 49.02, Penal
45	45	Code, unless the officer has probable cause as described by Article
46	46	14.01(c).
47	47	SECTION 4. Article 14.06, Code of Criminal Procedure, is
48	48	amended by amending Subsection (b) and adding Subsection (b-1) to
49	49	read as follows:
50	50	(b) A peace officer who is charging a person, including a
51	51	child, with committing an offense that is a [Class C] misdemeanor,
52	52	other than a violent misdemeanor as defined by Article 14.01 or an
53	53	offense under Section 49.02, Penal Code, shall [may], instead of
54	54	taking the person before a magistrate, issue a citation to the
55	55	person that contains:
56	56	(1) written notice of the time and place the person
57	57	must appear before a magistrate;
58	58	(2) the name and address of the person charged;
59	59	(3) the offense charged;
60	60	(4) information regarding the alternatives to the full
61	61	payment of any fine or costs assessed against the person, if the
62	62	person is convicted of the offense and is unable to pay that amount;
63	63	and
64	64	(5) the following admonishment, in boldfaced or
65	65	underlined type or in capital letters:
66	66	"If you are convicted of a misdemeanor offense involving
67	67	violence where you are or were a spouse, intimate partner, parent,
68	68	or guardian of the victim or are or were involved in another,
69	69	similar relationship with the victim, it may be unlawful for you to
70	70	possess or purchase a firearm, including a handgun or long gun, or
71	71	ammunition, pursuant to federal law under 18 U.S.C. Section
72	72	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
73	73	questions whether these laws make it illegal for you to possess or
74	74	purchase a firearm, you should consult an attorney."
75	75	(b-1) Notwithstanding Subsection (b), a peace officer who
76	76	is charging a person, including a child, with committing an offense
77	77	that is a violent misdemeanor as defined by Article 14.01 and that
78	78	is punishable by fine only may, instead of taking the person before
79	79	a magistrate, issue to the person a citation that contains all of
80	80	the information required for a citation issued under Subsection
81	81	(b).
82	82	SECTION 5. Section 543.001, Transportation Code, is amended
83	83	to read as follows:
84	84	Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
85	85	officer may arrest without warrant a person found committing a
86	86	violation of this subtitle, except that the officer may not arrest a
87	87	person found committing only one or more misdemeanors, other than a
88	88	violent misdemeanor as defined by Article 14.01(d), Code of
89	89	Criminal Procedure, unless the officer has probable cause as
90	90	described by Article 14.01(c) of that code.
91	91	SECTION 6. Section 543.004(a), Transportation Code, is
92	92	amended to read as follows:
93	93	(a) Unless the officer is authorized to arrest the person
94	94	under Section 543.001, an [An] officer shall issue a written notice
95	95	to appear if:
96	96	(1) the offense charged is a misdemeanor under this
97	97	subtitle[:
98	98	[(A) speeding;
99	99	[(B) the use of a wireless communication device
100	100	under Section 545.4251; or
101	101	[(C) a violation of the open container law,
102	102	Section 49.031, Penal Code]; and
103	103	(2) the person makes a written promise to appear in
104	104	court as provided by Section 543.005.
105	105	SECTION 7. Articles 14.06(c) and (d), Code of Criminal
106	106	Procedure, are repealed.
107	107	SECTION 8. The changes in law made by this Act apply only to
108	108	an offense committed on or after the effective date of this Act. An
109	109	offense committed before the effective date of this Act is governed
110	110	by the law in effect on the date the offense was committed, and the
111	111	former law is continued in effect for that purpose. For purposes of
112	112	this section, an offense was committed before the effective date of
113	113	this Act if any element of the offense occurred before that date.
114	114	SECTION 9. Not later than January 1, 2022, each law
115	115	enforcement agency in this state shall adopt the policy required by
116	116	Article 2.1308(b), Code of Criminal Procedure, as added by this
117	117	Act.
118	118	SECTION 10. This Act takes effect September 1, 2021.