Bill Text: TX SB1626 | 2021-2022 | 87th Legislature | Introduced
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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-24 - Referred to Criminal Justice [SB1626 Detail]
Download: Texas-2021-SB1626-Introduced.html
87R2967 AJZ-F | ||
By: Miles | S.B. No. 1626 |
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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. Article 14.01, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) 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 | ||
for a misdemeanor punishable by fine only, other than an offense | ||
under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02, | ||
Penal Code. | ||
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 only commits | ||
one or more offenses punishable by fine only, other than an offense | ||
under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02, | ||
Penal Code. | ||
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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punishable by fine only, other than an offense under Section 49.02, | ||
Penal Code, shall [ |
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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 misdemeanor under Section 22.01(a)(2) or (3), Penal Code, | ||
punishable by fine only may, instead of taking the person before a | ||
magistrate, issue a citation to the person 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, other than a person found only | ||
committing one or more misdemeanors punishable by fine only. | ||
SECTION 6. 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[ |
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(2) the person makes a written promise to appear in | ||
court as provided by Section 543.005. | ||
SECTION 7. 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 8. (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 9. This Act takes effect September 1, 2021. |