| 1 | 1 | | By: Thompson of Harris, Cain, et al. H.B. No. 410 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to law enforcement policies regarding the issuance of |
|---|
| 7 | 7 | | citations for misdemeanors punishable by fine only and to a |
|---|
| 8 | 8 | | limitation on the authority to arrest a person for certain |
|---|
| 9 | 9 | | fine-only misdemeanors. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|---|
| 12 | 12 | | amended by adding Article 2.1309 to read as follows: |
|---|
| 13 | 13 | | Art. 2.1309. CITE AND RELEASE POLICY. (a) In this article, |
|---|
| 14 | 14 | | "law enforcement agency" means an agency of the state or an agency |
|---|
| 15 | 15 | | of a political subdivision of the state authorized by law to employ |
|---|
| 16 | 16 | | peace officers. |
|---|
| 17 | 17 | | (b) The Bill Blackwood Law Enforcement Management Institute |
|---|
| 18 | 18 | | of Texas, in collaboration with law enforcement agencies, law |
|---|
| 19 | 19 | | enforcement associations, law enforcement training experts, and |
|---|
| 20 | 20 | | community organizations engaged in the development of law |
|---|
| 21 | 21 | | enforcement policy, shall publish a written model policy regarding |
|---|
| 22 | 22 | | the issuance of citations for misdemeanor offenses, including |
|---|
| 23 | 23 | | traffic offenses, that are punishable by fine only. The policy must |
|---|
| 24 | 24 | | provide a procedure for a peace officer, on a person's presentation |
|---|
| 25 | 25 | | of appropriate identification, to verify the person's identity and |
|---|
| 26 | 26 | | issue a citation to the person. The policy must comply with |
|---|
| 27 | 27 | | Articles 14.01, 14.03, and 14.06 of this code and Sections 543.001 |
|---|
| 28 | 28 | | and 543.004, Transportation Code. |
|---|
| 29 | 29 | | (c) Each law enforcement agency shall adopt a written policy |
|---|
| 30 | 30 | | regarding the issuance of citations for misdemeanor offenses, |
|---|
| 31 | 31 | | including traffic offenses, that are punishable by fine only. The |
|---|
| 32 | 32 | | policy must meet the requirements for the model policy described by |
|---|
| 33 | 33 | | Subsection (b). A law enforcement agency may adopt the model policy |
|---|
| 34 | 34 | | published by the Bill Blackwood Law Enforcement Management |
|---|
| 35 | 35 | | Institute of Texas under Subsection (b). |
|---|
| 36 | 36 | | SECTION 2. Section 543.001, Transportation Code, is amended |
|---|
| 37 | 37 | | to read as follows: |
|---|
| 38 | 38 | | Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace |
|---|
| 39 | 39 | | officer may arrest without warrant a person found committing a |
|---|
| 40 | 40 | | violation of this subtitle, other than a person found only |
|---|
| 41 | 41 | | committing one or more misdemeanors punishable by fine only. |
|---|
| 42 | 42 | | SECTION 3. Section 543.004(a), Transportation Code, is |
|---|
| 43 | 43 | | amended to read as follows: |
|---|
| 44 | 44 | | (a) An officer shall issue a written notice to appear if: |
|---|
| 45 | 45 | | (1) the offense charged is a misdemeanor under this |
|---|
| 46 | 46 | | subtitle that is punishable by fine only[: |
|---|
| 47 | 47 | | [(A) speeding; |
|---|
| 48 | 48 | | [(B) the use of a wireless communication device |
|---|
| 49 | 49 | | under Section 545.4251; or |
|---|
| 50 | 50 | | [(C) a violation of the open container law, |
|---|
| 51 | 51 | | Section 49.031, Penal Code]; and |
|---|
| 52 | 52 | | (2) the person makes a written promise to appear in |
|---|
| 53 | 53 | | court as provided by Section 543.005. |
|---|
| 54 | 54 | | SECTION 4. The changes in law made by this Act apply only to |
|---|
| 55 | 55 | | an offense committed on or after the effective date of this Act. An |
|---|
| 56 | 56 | | offense committed before the effective date of this Act is governed |
|---|
| 57 | 57 | | by the law in effect on the date the offense was committed, and the |
|---|
| 58 | 58 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 59 | 59 | | this section, an offense was committed before the effective date of |
|---|
| 60 | 60 | | this Act if any element of the offense occurred before that date. |
|---|
| 61 | 61 | | SECTION 5. (a) Not later than January 1, 2024, the Bill |
|---|
| 62 | 62 | | Blackwood Law Enforcement Management Institute of Texas shall |
|---|
| 63 | 63 | | publish the model policy required by Article 2.1309(b), Code of |
|---|
| 64 | 64 | | Criminal Procedure, as added by this Act. |
|---|
| 65 | 65 | | (b) Not later than March 1, 2024, each law enforcement |
|---|
| 66 | 66 | | agency in this state shall adopt the policy required by Article |
|---|
| 67 | 67 | | 2.1309(c), Code of Criminal Procedure, as added by this Act. |
|---|
| 68 | 68 | | SECTION 6. This Act takes effect September 1, 2023. |
|---|