Texas 2021 - 87th Regular

Texas Senate Bill SB1626 Compare Versions

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

Old	New	Differences
1	1	87R2967 AJZ-F
2	2	By: Miles S.B. No. 1626
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to law enforcement policies regarding the issuance of
8	8	citations for misdemeanors punishable by fine only and to a
9	9	limitation on the authority to arrest a person for certain
10	10	fine-only misdemeanors.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 2, Code of Criminal Procedure, is
13	13	amended by adding Article 2.1309 to read as follows:
14	14	Art. 2.1309. CITE AND RELEASE POLICY. (a) In this article,
15	15	"law enforcement agency" means an agency of the state or an agency
16	16	of a political subdivision of the state authorized by law to employ
17	17	peace officers.
18	18	(b) Texas Southern University, in consultation with law
19	19	enforcement agencies, law enforcement associations, law
20	20	enforcement training experts, and community organizations engaged
21	21	in the development of law enforcement policy, shall publish a
22	22	written model policy regarding the issuance of citations for
23	23	misdemeanor offenses, including traffic offenses, that are
24	24	punishable by fine only. The policy must provide a procedure for a
25	25	peace officer, on a person's presentation of appropriate
26	26	identification, to verify the person's identity and issue a
27	27	citation to the person. The policy must comply with Articles 14.01,
28	28	14.03, and 14.06 of this code and Sections 543.001 and 543.004,
29	29	Transportation Code.
30	30	(c) Each law enforcement agency shall adopt a written policy
31	31	regarding the issuance of citations for misdemeanor offenses,
32	32	including traffic offenses, that are punishable by fine only. The
33	33	policy must meet the requirements for the model policy described by
34	34	Subsection (b). A law enforcement agency may adopt the model policy
35	35	published by Texas Southern University under Subsection (b).
36	36	SECTION 2. Article 14.01, Code of Criminal Procedure, is
37	37	amended by adding Subsection (c) to read as follows:
38	38	(c) Notwithstanding Subsection (a) or (b), a peace officer
39	39	or any other person may not, without a warrant, arrest an offender
40	40	for a misdemeanor punishable by fine only, other than an offense
41	41	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
42	42	Penal Code.
43	43	SECTION 3. Article 14.03, Code of Criminal Procedure, is
44	44	amended by adding Subsection (h) to read as follows:
45	45	(h) Notwithstanding Subsection (a), (d), or (g), a peace
46	46	officer may not, without a warrant, arrest a person who only commits
47	47	one or more offenses punishable by fine only, other than an offense
48	48	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
49	49	Penal Code.
50	50	SECTION 4. Article 14.06, Code of Criminal Procedure, is
51	51	amended by amending Subsection (b) and adding Subsection (b-1) to
52	52	read as follows:
53	53	(b) A peace officer who is charging a person, including a
54	54	child, with committing an offense that is a [Class C] misdemeanor
55	55	punishable by fine only, other than an offense under Section 49.02,
56	56	Penal Code, shall [may], instead of taking the person before a
57	57	magistrate, issue a citation to the person that contains:
58	58	(1) written notice of the time and place the person
59	59	must appear before a magistrate;
60	60	(2) the name and address of the person charged;
61	61	(3) the offense charged;
62	62	(4) information regarding the alternatives to the full
63	63	payment of any fine or costs assessed against the person, if the
64	64	person is convicted of the offense and is unable to pay that amount;
65	65	and
66	66	(5) the following admonishment, in boldfaced or
67	67	underlined type or in capital letters:
68	68	"If you are convicted of a misdemeanor offense involving
69	69	violence where you are or were a spouse, intimate partner, parent,
70	70	or guardian of the victim or are or were involved in another,
71	71	similar relationship with the victim, it may be unlawful for you to
72	72	possess or purchase a firearm, including a handgun or long gun, or
73	73	ammunition, pursuant to federal law under 18 U.S.C. Section
74	74	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
75	75	questions whether these laws make it illegal for you to possess or
76	76	purchase a firearm, you should consult an attorney."
77	77	(b-1) Notwithstanding Subsection (b), a peace officer who
78	78	is charging a person, including a child, with committing an offense
79	79	that is a misdemeanor under Section 22.01(a)(2) or (3), Penal Code,
80	80	punishable by fine only may, instead of taking the person before a
81	81	magistrate, issue a citation to the person that contains all of the
82	82	information required for a citation issued under Subsection (b).
83	83	SECTION 5. Section 543.001, Transportation Code, is amended
84	84	to read as follows:
85	85	Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
86	86	officer may arrest without warrant a person found committing a
87	87	violation of this subtitle, other than a person found only
88	88	committing one or more misdemeanors punishable by fine only.
89	89	SECTION 6. Section 543.004(a), Transportation Code, is
90	90	amended to read as follows:
91	91	(a) An officer shall issue a written notice to appear if:
92	92	(1) the offense charged is a misdemeanor under this
93	93	subtitle that is punishable by fine only[:
94	94	[(A) speeding;
95	95	[(B) the use of a wireless communication device
96	96	under Section 545.4251; or
97	97	[(C) a violation of the open container law,
98	98	Section 49.031, Penal Code]; and
99	99	(2) the person makes a written promise to appear in
100	100	court as provided by Section 543.005.
101	101	SECTION 7. The changes in law made by this Act apply only to
102	102	an offense committed on or after the effective date of this Act. An
103	103	offense committed before the effective date of this Act is governed
104	104	by the law in effect on the date the offense was committed, and the
105	105	former law is continued in effect for that purpose. For purposes of
106	106	this section, an offense was committed before the effective date of
107	107	this Act if any element of the offense occurred before that date.
108	108	SECTION 8. (a) Not later than January 1, 2022, Texas
109	109	Southern University shall publish the model policy required by
110	110	Article 2.1309(b), Code of Criminal Procedure, as added by this
111	111	Act.
112	112	(b) Not later than March 1, 2022, each law enforcement
113	113	agency in this state shall adopt the policy required by Article
114	114	2.1309(c), Code of Criminal Procedure, as added by this Act.
115	115	SECTION 9. This Act takes effect September 1, 2021.