| 1 | 1 | | 88R11795 MEW-D |
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| 2 | 2 | | By: Garcia H.B. No. 2861 |
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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 duties of peace officers investigating a family |
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| 8 | 8 | | violence allegation or responding to a disturbance call that may |
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| 9 | 9 | | involve family violence. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 5.04, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsections (d), (e), (f), (g), and (h) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (d) Notwithstanding any other law, a peace officer who is |
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| 15 | 15 | | investigating a family violence allegation or responding to a |
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| 16 | 16 | | disturbance call that may involve family violence and who is |
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| 17 | 17 | | charging a person present at the scene with committing a separate |
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| 18 | 18 | | offense punishable as a misdemeanor may, in lieu of arresting the |
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| 19 | 19 | | person, issue a citation to the person in the manner provided by |
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| 20 | 20 | | Article 14.06, regardless of whether the issuance of a citation for |
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| 21 | 21 | | that offense is specifically authorized by that article. This |
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| 22 | 22 | | subsection does not apply to an offense punishable as a Class A or B |
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| 23 | 23 | | misdemeanor under Chapter 20, 21, 22, 25, 28, 42, 43, 46, 49, or 71, |
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| 24 | 24 | | Penal Code. |
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| 25 | 25 | | (e) Notwithstanding any other law, a peace officer who |
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| 26 | 26 | | investigates a family violence allegation or who responds to a |
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| 27 | 27 | | disturbance call that may involve family violence may: |
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| 28 | 28 | | (1) decline to arrest a person present at the scene who |
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| 29 | 29 | | is subject to an outstanding arrest warrant for a separate offense |
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| 30 | 30 | | punishable as a misdemeanor, other than an offense punishable as a |
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| 31 | 31 | | Class A or B misdemeanor under Chapter 20, 21, 22, 25, 28, 42, 43, |
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| 32 | 32 | | 46, 49, or 71, Penal Code; and |
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| 33 | 33 | | (2) issue a citation to the person described by |
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| 34 | 34 | | Subdivision (1) in the manner provided by Article 14.06 for the |
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| 35 | 35 | | offense, regardless of whether the issuance of a citation for that |
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| 36 | 36 | | offense is specifically authorized by that article. |
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| 37 | 37 | | (f) Notwithstanding any other law, a peace officer who |
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| 38 | 38 | | investigates a family violence allegation or who responds to a |
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| 39 | 39 | | disturbance call that may involve family violence may, in lieu of |
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| 40 | 40 | | executing a capias pro fine for a person present at the scene: |
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| 41 | 41 | | (1) provide to the person: |
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| 42 | 42 | | (A) written notice that a capias pro fine has |
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| 43 | 43 | | been issued for the person; and |
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| 44 | 44 | | (B) written instructions regarding the methods |
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| 45 | 45 | | by which the person may discharge the outstanding fines or costs or |
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| 46 | 46 | | provide to the issuing court any evidence of the person's |
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| 47 | 47 | | indigency; and |
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| 48 | 48 | | (2) require the person to sign an acknowledgment that |
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| 49 | 49 | | the officer has provided the notice and instructions described by |
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| 50 | 50 | | Subdivision (1). |
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| 51 | 51 | | (g) A peace officer may not be held liable to fine as for |
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| 52 | 52 | | contempt of court under Article 11.60 for issuing a citation in lieu |
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| 53 | 53 | | of arresting a person under an outstanding warrant under Subsection |
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| 54 | 54 | | (e) or for providing written notice and instructions in lieu of |
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| 55 | 55 | | arresting a person under a capias pro fine under Subsection (f). |
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| 56 | 56 | | (h) The Office of Court Administration of the Texas Judicial |
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| 57 | 57 | | System shall develop and make available an acknowledgment form and |
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| 58 | 58 | | written instructions for use of that form under Subsection (f). |
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| 59 | 59 | | SECTION 2. Not later than December 1, 2023, the Office of |
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| 60 | 60 | | Court Administration of the Texas Judicial System shall develop and |
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| 61 | 61 | | make available the acknowledgment form and related instructions as |
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| 62 | 62 | | required by Article 5.04(h), Code of Criminal Procedure, as added |
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| 63 | 63 | | by this Act. |
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| 64 | 64 | | SECTION 3. The change in law made by this Act applies only |
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| 65 | 65 | | to a peace officer's investigation or response that occurs on or |
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| 66 | 66 | | after January 1, 2024. A peace officer's investigation or response |
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| 67 | 67 | | that occurs before January 1, 2024, is governed by the law in effect |
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| 68 | 68 | | immediately before the effective date of this Act, and the former |
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| 69 | 69 | | law is continued in effect for that purpose. |
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| 70 | 70 | | SECTION 4. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2023. |
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