By: Thompson of Harris, Cain, et al. H.B. No. 410
A BILL TO BE ENTITLED
AN ACT
relating to law enforcement policies regarding the issuance of
citations for misdemeanors punishable by fine only and to a
limitation on the authority to arrest a person for certain
fine-only misdemeanors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1309 to read as follows:
Art. 2.1309. CITE AND RELEASE POLICY. (a) In this article,
"law enforcement agency" means an agency of the state or an agency
of a political subdivision of the state authorized by law to employ
peace officers.
(b) The Bill Blackwood Law Enforcement Management Institute
of Texas, in collaboration with law enforcement agencies, law
enforcement associations, law enforcement training experts, and
community organizations engaged in the development of law
enforcement policy, shall publish a written model policy regarding
the issuance of citations for misdemeanor offenses, including
traffic offenses, that are punishable by fine only. The policy must
provide a procedure for a peace officer, on a person's presentation
of appropriate identification, to verify the person's identity and
issue a citation to the person. The policy must comply with
Articles 14.01, 14.03, and 14.06 of this code and Sections 543.001
and 543.004, Transportation Code.
(c) Each law enforcement agency shall adopt a written policy
regarding the issuance of citations for misdemeanor offenses,
including traffic offenses, that are punishable by fine only. The
policy must meet the requirements for the model policy described by
Subsection (b). A law enforcement agency may adopt the model policy
published by the Bill Blackwood Law Enforcement Management
Institute of Texas under Subsection (b).
SECTION 2. Section 543.001, Transportation Code, is amended
to read as follows:
Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
officer may arrest without warrant a person found committing a
violation of this subtitle, other than a person found only
committing one or more misdemeanors punishable by fine only.
SECTION 3. Section 543.004(a), Transportation Code, is
amended to read as follows:
(a) An officer shall issue a written notice to appear if:
(1) the offense charged is a misdemeanor under this
subtitle that is punishable by fine only[:
[(A) speeding;
[(B) the use of a wireless communication device
under Section 545.4251; or
[(C) a violation of the open container law,
Section 49.031, Penal Code]; and
(2) the person makes a written promise to appear in
court as provided by Section 543.005.
SECTION 4. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 5. (a) Not later than January 1, 2024, the Bill
Blackwood Law Enforcement Management Institute of Texas shall
publish the model policy required by Article 2.1309(b), Code of
Criminal Procedure, as added by this Act.
(b) Not later than March 1, 2024, each law enforcement
agency in this state shall adopt the policy required by Article
2.1309(c), Code of Criminal Procedure, as added by this Act.
SECTION 6. This Act takes effect September 1, 2023.