| 1 | 1 | | 87R12301 EAS-F |
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| 2 | 2 | | By: White H.B. No. 4516 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority to arrest a person without a warrant. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 14.01(a), Code of Criminal Procedure, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) Any [A peace officer or any other] person[,] may, |
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| 12 | 12 | | without a warrant, arrest an offender for an [when the] offense |
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| 13 | 13 | | classified [is committed in his presence or within his view, if the |
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| 14 | 14 | | offense is one classed] as a felony or as an offense against the |
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| 15 | 15 | | public peace if the offense is committed in the person's presence or |
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| 16 | 16 | | within the person's view. |
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| 17 | 17 | | SECTION 2. Article 15.22, Code of Criminal Procedure, is |
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| 18 | 18 | | amended to read as follows: |
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| 19 | 19 | | Art. 15.22. WHEN A PERSON IS ARRESTED. A person is arrested |
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| 20 | 20 | | when the person [he] has been actually placed under restraint or |
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| 21 | 21 | | taken into custody by an officer or person executing a warrant of |
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| 22 | 22 | | arrest, or by an officer or person arresting without a warrant under |
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| 23 | 23 | | Article 14.01. |
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| 24 | 24 | | SECTION 3. The change in law made by this Act applies only |
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| 25 | 25 | | to an offense committed on or after the effective date of this Act. |
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| 26 | 26 | | An offense committed before the effective date of this Act is |
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| 27 | 27 | | governed by the law in effect on the date the offense was committed, |
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| 28 | 28 | | and the former law is continued in effect for that purpose. For |
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| 29 | 29 | | purposes of this section, an offense was committed before the |
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| 30 | 30 | | effective date of this Act if any element of the offense occurred |
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| 31 | 31 | | before that date. |
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| 32 | 32 | | SECTION 4. This Act takes effect September 1, 2021. |
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