Bill Text: TX HB203 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to a limitation on the authority to arrest a person for certain misdemeanors.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2021-07-09 - Filed [HB203 Detail]
Download: Texas-2021-HB203-Introduced.html
| By: Crockett | H.B. No. 203 | |
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| relating to a limitation on the authority to arrest a person for | ||
| certain 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 2.1308 to read as follows: | ||
| Art. 2.1308. 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) Each law enforcement agency shall adopt a written policy | ||
| regarding the issuance of citations for misdemeanor offenses, other | ||
| than violent misdemeanors as defined by Article 14.01. 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. | ||
| SECTION 2. Article 14.01, Code of Criminal Procedure, is | ||
| amended by adding Subsections (c) and (d) to read as follows: | ||
| (c) Notwithstanding Subsection (a) or (b), a peace officer | ||
| or any other person may not, without a warrant, arrest an offender | ||
| who commits only one or more misdemeanor offenses, other than a | ||
| violent misdemeanor or an offense under Section 49.02, Penal Code, | ||
| unless the officer or person has probable cause to believe that: | ||
| (1) the failure to arrest the offender creates a clear | ||
| and immediate danger to the offender or the public; or | ||
| (2) the failure to arrest the offender will allow a | ||
| continued breach of the public peace. | ||
| (d) For purposes of this section, "violent misdemeanor" | ||
| means an offense under the laws of this state that is punishable as | ||
| a misdemeanor and that has as an element the use, attempted use, or | ||
| threatened use of force against any person. | ||
| SECTION 3. Article 14.03, Code of Criminal Procedure, is | ||
| amended by adding Subsection (h) to read as follows: | ||
| (h) Notwithstanding Subsection (a), (d), or (g), a peace | ||
| officer may not, without a warrant, arrest a person who commits only | ||
| one or more misdemeanor offenses, other than a violent misdemeanor | ||
| as defined by Article 14.01 or an offense under Section 49.02, Penal | ||
| Code, unless the officer has probable cause as described by Article | ||
| 14.01(c). | ||
| SECTION 4. Article 14.06, Code of Criminal Procedure, is | ||
| amended by amending Subsection (b) and adding Subsection (b-1) to | ||
| read as follows: | ||
| (b) A peace officer who is charging a person, including a | ||
| child, with committing an offense that is a [ |
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| other than a violent misdemeanor as defined by Article 14.01 or an | ||
| offense under Section 49.02, Penal Code, shall [ |
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| taking the person before a magistrate, issue a citation to the | ||
| person that contains: | ||
| (1) written notice of the time and place the person | ||
| must appear before a magistrate; | ||
| (2) the name and address of the person charged; | ||
| (3) the offense charged; | ||
| (4) information regarding the alternatives to the full | ||
| payment of any fine or costs assessed against the person, if the | ||
| person is convicted of the offense and is unable to pay that amount; | ||
| and | ||
| (5) the following admonishment, in boldfaced or | ||
| underlined type or in capital letters: | ||
| "If you are convicted of a misdemeanor offense involving | ||
| violence where you are or were a spouse, intimate partner, parent, | ||
| or guardian of the victim or are or were involved in another, | ||
| similar relationship with the victim, it may be unlawful for you to | ||
| possess or purchase a firearm, including a handgun or long gun, or | ||
| ammunition, pursuant to federal law under 18 U.S.C. Section | ||
| 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any | ||
| questions whether these laws make it illegal for you to possess or | ||
| purchase a firearm, you should consult an attorney." | ||
| (b-1) Notwithstanding Subsection (b), a peace officer who | ||
| is charging a person, including a child, with committing an offense | ||
| that is a violent misdemeanor as defined by Article 14.01 and that | ||
| is punishable by fine only may, instead of taking the person before | ||
| a magistrate, issue to the person a citation that contains all of | ||
| the information required for a citation issued under Subsection | ||
| (b). | ||
| SECTION 5. 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, except that the officer may not arrest a | ||
| person found committing only one or more misdemeanors, other than a | ||
| violent misdemeanor as defined by Article 14.01(d), Code of | ||
| Criminal Procedure, unless the officer has probable cause as | ||
| described by Article 14.01(c) of that code. | ||
| SECTION 6. Section 543.004(a), Transportation Code, is | ||
| amended to read as follows: | ||
| (a) Unless the officer is authorized to arrest the person | ||
| under Section 543.001, an [ |
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| to appear if: | ||
| (1) the offense charged is a misdemeanor under this | ||
| subtitle[ |
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| [ |
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| [ |
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| [ |
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| (2) the person makes a written promise to appear in | ||
| court as provided by Section 543.005. | ||
| SECTION 7. Articles 14.06(c) and (d), Code of Criminal | ||
| Procedure, are repealed. | ||
| SECTION 8. 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 9. Not later than January 1, 2022, each law | ||
| enforcement agency in this state shall adopt the policy required by | ||
| Article 2.1308(b), Code of Criminal Procedure, as added by this | ||
| Act. | ||
| SECTION 10. This Act takes effect September 1, 2021. | ||
