| 4 | 6 | | |
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| 5 | 7 | | |
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| 6 | 8 | | A BILL TO BE ENTITLED |
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| 7 | 9 | | AN ACT |
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| 8 | 10 | | relating to law enforcement policies regarding the issuance of |
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| 9 | 11 | | citations for misdemeanors punishable by fine only and to a |
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| 10 | 12 | | limitation on the authority to arrest a person for certain |
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| 11 | 13 | | fine-only misdemeanors. |
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| 12 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 15 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 14 | 16 | | amended by adding Article 2.1309 to read as follows: |
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| 15 | 17 | | Art. 2.1309. CITE AND RELEASE POLICY. (a) In this article, |
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| 16 | 18 | | "law enforcement agency" means an agency of the state or an agency |
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| 17 | 19 | | of a political subdivision of the state authorized by law to employ |
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| 18 | 20 | | peace officers. |
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| 19 | 21 | | (b) Texas Southern University, in consultation with law |
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| 20 | 22 | | enforcement agencies, law enforcement associations, law |
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| 21 | 23 | | enforcement training experts, and community organizations engaged |
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| 22 | 24 | | in the development of law enforcement policy, shall publish a |
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| 23 | 25 | | written model policy regarding the issuance of citations for |
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| 24 | 26 | | misdemeanor offenses, including traffic offenses, that are |
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| 25 | 27 | | punishable by fine only. The policy must provide a procedure for a |
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| 26 | 28 | | peace officer, on a person's presentation of appropriate |
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| 27 | 29 | | identification, to verify the person's identity and issue a |
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| 28 | 30 | | citation to the person. The policy must comply with Articles 14.01, |
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| 29 | 31 | | 14.03, and 14.06 of this code and Sections 543.001 and 543.004, |
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| 30 | 32 | | Transportation Code. |
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| 31 | 33 | | (c) Each law enforcement agency shall adopt a written policy |
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| 32 | 34 | | regarding the issuance of citations for misdemeanor offenses, |
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| 33 | 35 | | including traffic offenses, that are punishable by fine only. The |
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| 34 | 36 | | policy must meet the requirements for the model policy described by |
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| 35 | 37 | | Subsection (b). A law enforcement agency may adopt the model policy |
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| 36 | 38 | | published by Texas Southern University under Subsection (b). |
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| 37 | 39 | | SECTION 2. Section 543.001, Transportation Code, is amended |
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| 38 | 40 | | to read as follows: |
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| 39 | 41 | | Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace |
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| 40 | 42 | | officer may arrest without warrant a person found committing a |
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| 41 | 43 | | violation of this subtitle, other than a person found only |
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| 42 | 44 | | committing one or more misdemeanors punishable by fine only. |
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| 43 | 45 | | SECTION 3. Section 543.004(a), Transportation Code, is |
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| 44 | 46 | | amended to read as follows: |
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| 45 | 47 | | (a) An officer shall issue a written notice to appear if: |
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| 46 | 48 | | (1) the offense charged is a misdemeanor under this |
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| 47 | 49 | | subtitle that is punishable by fine only[: |
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| 48 | 50 | | [(A) speeding; |
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| 49 | 51 | | [(B) the use of a wireless communication device |
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| 50 | 52 | | under Section 545.4251; or |
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| 51 | 53 | | [(C) a violation of the open container law, |
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| 52 | 54 | | Section 49.031, Penal Code]; and |
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| 53 | 55 | | (2) the person makes a written promise to appear in |
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| 54 | 56 | | court as provided by Section 543.005. |
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| 55 | 57 | | SECTION 4. The changes in law made by this Act apply only to |
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| 56 | 58 | | an offense committed on or after the effective date of this Act. An |
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| 57 | 59 | | offense committed before the effective date of this Act is governed |
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| 58 | 60 | | by the law in effect on the date the offense was committed, and the |
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| 59 | 61 | | former law is continued in effect for that purpose. For purposes of |
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| 60 | 62 | | this section, an offense was committed before the effective date of |
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| 61 | 63 | | this Act if any element of the offense occurred before that date. |
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| 62 | 64 | | SECTION 5. (a) Not later than January 1, 2022, Texas |
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| 63 | 65 | | Southern University shall publish the model policy required by |
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| 64 | 66 | | Article 2.1309(b), Code of Criminal Procedure, as added by this |
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| 65 | 67 | | Act. |
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| 66 | 68 | | (b) Not later than March 1, 2022, each law enforcement |
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| 67 | 69 | | agency in this state shall adopt the policy required by Article |
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| 68 | 70 | | 2.1309(c), Code of Criminal Procedure, as added by this Act. |
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| 69 | 71 | | SECTION 6. This Act takes effect September 1, 2021. |
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