87R6515 JSC-F
 
  By: Minjarez H.B. No. 1388
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appearance of certain misdemeanor and state jail
  felony offenders before a magistrate.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 14.06(c) and (d), Code of Criminal
  Procedure, are amended to read as follows:
         (c)  If the person resides in the county where the offense
  occurred, a peace officer who is charging a person with committing
  an offense that is a Class A or B misdemeanor or state jail felony
  may, instead of taking the person before a magistrate, issue a
  citation to the person that contains written notice of the time and
  place the person must appear before a magistrate of this state as
  described by Subsection (a), the name and address of the person
  charged, and the offense charged.
         (d)  Subsection (c) applies only to a person charged with
  committing an offense under:
               (1)  Section 481.115 [481.121], Health and Safety Code,
  if the offense is punishable under Subsection (b) [(b)(1) or (2)] of
  that section;
               (2)  Section 481.1151, Health and Safety Code, if the
  offense is punishable under Subsection (b)(1) of that section;
               (3)  Section 481.116, Health and Safety Code, if the
  offense is punishable under Subsection (b) of that section;
               (4)  [(1-a)] Section 481.1161, Health and Safety Code,
  if the offense is punishable under Subsection (b)(1), [or] (2), or
  (3) of that section;
               (5)  Section 481.117, Health and Safety Code, if the
  offense is punishable under Subsection (b) of that section;
               (6)  Section 481.118, Health and Safety Code, if the
  offense is punishable under Subsection (b) of that section;
               (7)  Section 481.119, Health and Safety Code, if the
  offense is punishable under Subsection (a) of that section as a
  Class A misdemeanor or state jail felony;
               (8)  Section 481.121, Health and Safety Code, if the
  offense is punishable under Subsection (b)(1), (2), or (3) of that
  section;
               (9) [(2)]  Section 28.03, Penal Code, if the offense is
  punishable under Subsection (b)(2), (3), or (4) of that section;
               (10) [(3)]  Section 28.08, Penal Code, if the offense
  is punishable under Subsection (b)(2), [or] (3), or (4) of that
  section;
               (11)  Section 30.05, Penal Code, if the offense is
  punishable under Subsection (d)(1) or (3) of that section;
               (12) [(4)]  Section 31.03, Penal Code, if the offense
  is punishable under Subsection (e)(2)(A), (e)(3), or (e)(4)(A) of
  that section;
               (13) [(5)]  Section 31.04, Penal Code, if the offense
  is punishable under Subsection (e)(2), (3), or (4) of that section;
               (14) [(6)]  Section 38.114, Penal Code, if the offense
  is punishable as a Class B misdemeanor;
               (15)  Section 43.02, Penal Code, if the offense is
  punishable under Subsection (c) of that section or punishable as a
  Class A misdemeanor or state jail felony under Subsection (c-1) of
  that section; or
               (16) [(7)]  Section 521.457, Transportation Code.
         SECTION 2.  Article 15.17(g), Code of Criminal Procedure, is
  amended to read as follows:
         (g)  If a person charged with an offense [punishable as a
  misdemeanor] appears before a magistrate in compliance with a
  citation issued under Article 14.06(b) or (c), the magistrate shall
  perform the duties imposed by this article in the same manner as if
  the person had been arrested and brought before the magistrate by a
  peace officer.  After the magistrate performs the duties imposed by
  this article, the magistrate except for good cause shown may
  release the person on personal bond.  If a person who was issued a
  citation under Article 14.06(c) fails to appear as required by that
  citation, the magistrate before which the person is required to
  appear shall issue a warrant for the arrest of the accused.
         SECTION 3.  The change in law made by this Act applies 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 4.  This Act takes effect September 1, 2021.