Texas 2021 - 87th 1st C.S.

Texas House Bill HB203 Compare Versions

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

Old	New	Differences
1	1	By: Crockett H.B. No. 203
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a limitation on the authority to arrest a person for
7	7	certain misdemeanors.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 2, Code of Criminal Procedure, is
10	10	amended by adding Article 2.1308 to read as follows:
11	11	Art. 2.1308. CITE AND RELEASE POLICY. (a) In this article,
12	12	"law enforcement agency" means an agency of the state or an agency
13	13	of a political subdivision of the state authorized by law to employ
14	14	peace officers.
15	15	(b) Each law enforcement agency shall adopt a written policy
16	16	regarding the issuance of citations for misdemeanor offenses, other
17	17	than violent misdemeanors as defined by Article 14.01. The policy
18	18	must provide a procedure for a peace officer, on a person's
19	19	presentation of appropriate identification, to verify the person's
20	20	identity and issue a citation to the person. The policy must comply
21	21	with Articles 14.01, 14.03, and 14.06 of this code and Sections
22	22	543.001 and 543.004, Transportation Code.
23	23	SECTION 2. Article 14.01, Code of Criminal Procedure, is
24	24	amended by adding Subsections (c) and (d) to read as follows:
25	25	(c) Notwithstanding Subsection (a) or (b), a peace officer
26	26	or any other person may not, without a warrant, arrest an offender
27	27	who commits only one or more misdemeanor offenses, other than a
28	28	violent misdemeanor or an offense under Section 49.02, Penal Code,
29	29	unless the officer or person has probable cause to believe that:
30	30	(1) the failure to arrest the offender creates a clear
31	31	and immediate danger to the offender or the public; or
32	32	(2) the failure to arrest the offender will allow a
33	33	continued breach of the public peace.
34	34	(d) For purposes of this section, "violent misdemeanor"
35	35	means an offense under the laws of this state that is punishable as
36	36	a misdemeanor and that has as an element the use, attempted use, or
37	37	threatened use of force against any person.
38	38	SECTION 3. Article 14.03, Code of Criminal Procedure, is
39	39	amended by adding Subsection (h) to read as follows:
40	40	(h) Notwithstanding Subsection (a), (d), or (g), a peace
41	41	officer may not, without a warrant, arrest a person who commits only
42	42	one or more misdemeanor offenses, other than a violent misdemeanor
43	43	as defined by Article 14.01 or an offense under Section 49.02, Penal
44	44	Code, unless the officer has probable cause as described by Article
45	45	14.01(c).
46	46	SECTION 4. Article 14.06, Code of Criminal Procedure, is
47	47	amended by amending Subsection (b) and adding Subsection (b-1) to
48	48	read as follows:
49	49	(b) A peace officer who is charging a person, including a
50	50	child, with committing an offense that is a [Class C] misdemeanor,
51	51	other than a violent misdemeanor as defined by Article 14.01 or an
52	52	offense under Section 49.02, Penal Code, shall [may], instead of
53	53	taking the person before a magistrate, issue a citation to the
54	54	person that contains:
55	55	(1) written notice of the time and place the person
56	56	must appear before a magistrate;
57	57	(2) the name and address of the person charged;
58	58	(3) the offense charged;
59	59	(4) information regarding the alternatives to the full
60	60	payment of any fine or costs assessed against the person, if the
61	61	person is convicted of the offense and is unable to pay that amount;
62	62	and
63	63	(5) the following admonishment, in boldfaced or
64	64	underlined type or in capital letters:
65	65	"If you are convicted of a misdemeanor offense involving
66	66	violence where you are or were a spouse, intimate partner, parent,
67	67	or guardian of the victim or are or were involved in another,
68	68	similar relationship with the victim, it may be unlawful for you to
69	69	possess or purchase a firearm, including a handgun or long gun, or
70	70	ammunition, pursuant to federal law under 18 U.S.C. Section
71	71	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
72	72	questions whether these laws make it illegal for you to possess or
73	73	purchase a firearm, you should consult an attorney."
74	74	(b-1) Notwithstanding Subsection (b), a peace officer who
75	75	is charging a person, including a child, with committing an offense
76	76	that is a violent misdemeanor as defined by Article 14.01 and that
77	77	is punishable by fine only may, instead of taking the person before
78	78	a magistrate, issue to the person a citation that contains all of
79	79	the information required for a citation issued under Subsection
80	80	(b).
81	81	SECTION 5. Section 543.001, Transportation Code, is amended
82	82	to read as follows:
83	83	Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
84	84	officer may arrest without warrant a person found committing a
85	85	violation of this subtitle, except that the officer may not arrest a
86	86	person found committing only one or more misdemeanors, other than a
87	87	violent misdemeanor as defined by Article 14.01(d), Code of
88	88	Criminal Procedure, unless the officer has probable cause as
89	89	described by Article 14.01(c) of that code.
90	90	SECTION 6. Section 543.004(a), Transportation Code, is
91	91	amended to read as follows:
92	92	(a) Unless the officer is authorized to arrest the person
93	93	under Section 543.001, an [An] officer shall issue a written notice
94	94	to appear if:
95	95	(1) the offense charged is a misdemeanor under this
96	96	subtitle[:
97	97	[(A) speeding;
98	98	[(B) the use of a wireless communication device
99	99	under Section 545.4251; or
100	100	[(C) a violation of the open container law,
101	101	Section 49.031, Penal Code]; and
102	102	(2) the person makes a written promise to appear in
103	103	court as provided by Section 543.005.
104	104	SECTION 7. Articles 14.06(c) and (d), Code of Criminal
105	105	Procedure, are repealed.
106	106	SECTION 8. The changes in law made by this Act apply only to
107	107	an offense committed on or after the effective date of this Act. An
108	108	offense committed before the effective date of this Act is governed
109	109	by the law in effect on the date the offense was committed, and the
110	110	former law is continued in effect for that purpose. For purposes of
111	111	this section, an offense was committed before the effective date of
112	112	this Act if any element of the offense occurred before that date.
113	113	SECTION 9. Not later than January 1, 2022, each law
114	114	enforcement agency in this state shall adopt the policy required by
115	115	Article 2.1308(b), Code of Criminal Procedure, as added by this
116	116	Act.
117	117	SECTION 10. This Act takes effect September 1, 2021.