Bill Text: TX HB3316 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the duties of peace officers investigating a family violence allegation or responding to a disturbance call that may involve family violence.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2021-04-16 - Left pending in committee [HB3316 Detail]
Download: Texas-2021-HB3316-Introduced.html
| 87R6624 JSC-D | ||
| By: Crockett | H.B. No. 3316 | |
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| relating to the duties of peace officers investigating a family | ||
| violence allegation or responding to a disturbance call that may | ||
| involve family violence. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 5.04, Code of Criminal Procedure, is | ||
| amended by adding Subsections (d), (e), (f), (g), and (h) to read as | ||
| follows: | ||
| (d) Notwithstanding any other law, a peace officer who is | ||
| investigating a family violence allegation or responding to a | ||
| disturbance call that may involve family violence and who is | ||
| charging a person present at the scene with committing a separate | ||
| offense punishable as a misdemeanor shall, in lieu of arresting the | ||
| person, issue a citation to the person in the manner provided by | ||
| Article 14.06, regardless of whether the issuance of a citation for | ||
| that offense is specifically authorized by that article. This | ||
| subsection does not apply to an offense punishable as a Class A or B | ||
| misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, | ||
| Penal Code. | ||
| (e) Notwithstanding any other law, a peace officer who | ||
| investigates a family violence allegation or who responds to a | ||
| disturbance call that may involve family violence shall: | ||
| (1) decline to arrest a person present at the scene who | ||
| is subject to an outstanding arrest warrant for a separate offense | ||
| punishable as a misdemeanor, other than an offense punishable as a | ||
| Class A or B misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, | ||
| 49, or 71, Penal Code; and | ||
| (2) issue a citation to the person described by | ||
| Subdivision (1) in the manner provided by Article 14.06 for the | ||
| offense, regardless of whether the issuance of a citation for that | ||
| offense is specifically authorized by that article. | ||
| (f) Notwithstanding any other law, a peace officer who | ||
| investigates a family violence allegation or who responds to a | ||
| disturbance call that may involve family violence may not execute a | ||
| capias pro fine for any person present at the scene. The peace | ||
| officer shall: | ||
| (1) provide to the person: | ||
| (A) written notice that a capias pro fine has | ||
| been issued for the person; and | ||
| (B) written instructions regarding the methods | ||
| by which the person may discharge the outstanding fines or costs or | ||
| provide to the issuing court any evidence of the person's | ||
| indigency; | ||
| (2) require the person to sign an acknowledgment that | ||
| the officer has provided the notice and instructions described by | ||
| Subdivision (1); and | ||
| (3) submit the acknowledgment to the court issuing the | ||
| capias pro fine. | ||
| (g) A peace officer may not be held liable to fine as for | ||
| contempt of court under Article 11.60 for issuing a citation in lieu | ||
| of arresting a person under an outstanding warrant under Subsection | ||
| (e) or for providing written notice and instructions in lieu of | ||
| arresting a person under a capias pro fine under Subsection (f). | ||
| (h) The Office of Court Administration of the Texas Judicial | ||
| System shall develop and make available an acknowledgment form and | ||
| written instructions for use of that form under Subsection (f). | ||
| SECTION 2. Not later than December 1, 2021, the Office of | ||
| Court Administration of the Texas Judicial System shall develop and | ||
| make available the acknowledgement form and related instructions as | ||
| required by Article 5.04(h), Code of Criminal Procedure, as added | ||
| by this Act. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a peace officer's investigation or response that occurs on or | ||
| after January 1, 2022. A peace officer's investigation or response | ||
| that occurs before January 1, 2022, is governed by the law in effect | ||
| immediately before the effective date of this Act, and the former | ||
| law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
