Texas 2021 - 87th Regular

Texas House Bill HB3316 Compare Versions

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

Old	New	Differences
1	1	87R6624 JSC-D
2	2	By: Crockett H.B. No. 3316
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the duties of peace officers investigating a family
8	8	violence allegation or responding to a disturbance call that may
9	9	involve family violence.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 5.04, Code of Criminal Procedure, is
12	12	amended by adding Subsections (d), (e), (f), (g), and (h) to read as
13	13	follows:
14	14	(d) Notwithstanding any other law, a peace officer who is
15	15	investigating a family violence allegation or responding to a
16	16	disturbance call that may involve family violence and who is
17	17	charging a person present at the scene with committing a separate
18	18	offense punishable as a misdemeanor shall, in lieu of arresting the
19	19	person, issue a citation to the person in the manner provided by
20	20	Article 14.06, regardless of whether the issuance of a citation for
21	21	that offense is specifically authorized by that article. This
22	22	subsection does not apply to an offense punishable as a Class A or B
23	23	misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71,
24	24	Penal Code.
25	25	(e) Notwithstanding any other law, a peace officer who
26	26	investigates a family violence allegation or who responds to a
27	27	disturbance call that may involve family violence shall:
28	28	(1) decline to arrest a person present at the scene who
29	29	is subject to an outstanding arrest warrant for a separate offense
30	30	punishable as a misdemeanor, other than an offense punishable as a
31	31	Class A or B misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46,
32	32	49, or 71, Penal Code; and
33	33	(2) issue a citation to the person described by
34	34	Subdivision (1) in the manner provided by Article 14.06 for the
35	35	offense, regardless of whether the issuance of a citation for that
36	36	offense is specifically authorized by that article.
37	37	(f) Notwithstanding any other law, a peace officer who
38	38	investigates a family violence allegation or who responds to a
39	39	disturbance call that may involve family violence may not execute a
40	40	capias pro fine for any person present at the scene. The peace
41	41	officer shall:
42	42	(1) provide to the person:
43	43	(A) written notice that a capias pro fine has
44	44	been issued for the person; and
45	45	(B) written instructions regarding the methods
46	46	by which the person may discharge the outstanding fines or costs or
47	47	provide to the issuing court any evidence of the person's
48	48	indigency;
49	49	(2) require the person to sign an acknowledgment that
50	50	the officer has provided the notice and instructions described by
51	51	Subdivision (1); and
52	52	(3) submit the acknowledgment to the court issuing the
53	53	capias pro fine.
54	54	(g) A peace officer may not be held liable to fine as for
55	55	contempt of court under Article 11.60 for issuing a citation in lieu
56	56	of arresting a person under an outstanding warrant under Subsection
57	57	(e) or for providing written notice and instructions in lieu of
58	58	arresting a person under a capias pro fine under Subsection (f).
59	59	(h) The Office of Court Administration of the Texas Judicial
60	60	System shall develop and make available an acknowledgment form and
61	61	written instructions for use of that form under Subsection (f).
62	62	SECTION 2. Not later than December 1, 2021, the Office of
63	63	Court Administration of the Texas Judicial System shall develop and
64	64	make available the acknowledgement form and related instructions as
65	65	required by Article 5.04(h), Code of Criminal Procedure, as added
66	66	by this Act.
67	67	SECTION 3. The change in law made by this Act applies only
68	68	to a peace officer's investigation or response that occurs on or
69	69	after January 1, 2022. A peace officer's investigation or response
70	70	that occurs before January 1, 2022, is governed by the law in effect
71	71	immediately before the effective date of this Act, and the former
72	72	law is continued in effect for that purpose.
73	73	SECTION 4. This Act takes effect immediately if it receives
74	74	a vote of two-thirds of all the members elected to each house, as
75	75	provided by Section 39, Article III, Texas Constitution. If this
76	76	Act does not receive the vote necessary for immediate effect, this
77	77	Act takes effect September 1, 2021.