87R6624 JSC-D
By: Crockett H.B. No. 3316
A BILL TO BE ENTITLED
AN ACT
relating to the duties of peace officers investigating a family
violence allegation or responding to a disturbance call that may
involve family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 5.04, Code of Criminal Procedure, is
amended by adding Subsections (d), (e), (f), (g), and (h) to read as
follows:
(d) Notwithstanding any other law, a peace officer who is
investigating a family violence allegation or responding to a
disturbance call that may involve family violence and who is
charging a person present at the scene with committing a separate
offense punishable as a misdemeanor shall, in lieu of arresting the
person, issue a citation to the person in the manner provided by
Article 14.06, regardless of whether the issuance of a citation for
that offense is specifically authorized by that article. This
subsection does not apply to an offense punishable as a Class A or B
misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71,
Penal Code.
(e) Notwithstanding any other law, a peace officer who
investigates a family violence allegation or who responds to a
disturbance call that may involve family violence shall:
(1) decline to arrest a person present at the scene who
is subject to an outstanding arrest warrant for a separate offense
punishable as a misdemeanor, other than an offense punishable as a
Class A or B misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46,
49, or 71, Penal Code; and
(2) issue a citation to the person described by
Subdivision (1) in the manner provided by Article 14.06 for the
offense, regardless of whether the issuance of a citation for that
offense is specifically authorized by that article.
(f) Notwithstanding any other law, a peace officer who
investigates a family violence allegation or who responds to a
disturbance call that may involve family violence may not execute a
capias pro fine for any person present at the scene. The peace
officer shall:
(1) provide to the person:
(A) written notice that a capias pro fine has
been issued for the person; and
(B) written instructions regarding the methods
by which the person may discharge the outstanding fines or costs or
provide to the issuing court any evidence of the person's
indigency;
(2) require the person to sign an acknowledgment that
the officer has provided the notice and instructions described by
Subdivision (1); and
(3) submit the acknowledgment to the court issuing the
capias pro fine.
(g) A peace officer may not be held liable to fine as for
contempt of court under Article 11.60 for issuing a citation in lieu
of arresting a person under an outstanding warrant under Subsection
(e) or for providing written notice and instructions in lieu of
arresting a person under a capias pro fine under Subsection (f).
(h) The Office of Court Administration of the Texas Judicial
System shall develop and make available an acknowledgment form and
written instructions for use of that form under Subsection (f).
SECTION 2. Not later than December 1, 2021, the Office of
Court Administration of the Texas Judicial System shall develop and
make available the acknowledgement form and related instructions as
required by Article 5.04(h), Code of Criminal Procedure, as added
by this Act.
SECTION 3. The change in law made by this Act applies only
to a peace officer's investigation or response that occurs on or
after January 1, 2022. A peace officer's investigation or response
that occurs before January 1, 2022, is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.