Bill Text: TX HB830 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 15-3)

Status: (Engrossed) 2021-05-14 - Referred to Jurisprudence [HB830 Detail]

Download: Texas-2021-HB830-Engrossed.html
  87R20191 AJZ-F
 
  By: Thompson of Harris, White, Krause, Cain, H.B. No. 830
      Bowers, et al.
 
 
 
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)  Texas Southern University, in consultation 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 Texas Southern University 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, 2022, Texas
  Southern University 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, 2022, 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, 2021.
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