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A BILL TO BE ENTITLED
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AN ACT
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relating to the appearance of certain misdemeanor and state jail |
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felony offenders before a magistrate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 14.06(c) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(c) If the person resides in the county where the offense |
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occurred, a peace officer who is charging a person with committing |
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an offense that is a Class A or B misdemeanor or state jail felony |
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may, instead of taking the person before a magistrate, issue a |
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citation to the person that contains written notice of the time and |
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place the person must appear before a magistrate of this state as |
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described by Subsection (a), the name and address of the person |
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charged, and the offense charged. |
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(d) Subsection (c) applies only to a person charged with |
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committing an offense under: |
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(1) Section 481.115 [481.121], Health and Safety Code, |
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if the offense is punishable under Subsection (b) [(b)(1) or (2)] of |
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that section; |
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(2) Section 481.1151, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) of that section; |
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(3) Section 481.116, Health and Safety Code, if the |
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offense is punishable under Subsection (b) of that section; |
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(4) [(1-a)] Section 481.1161, Health and Safety Code, |
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if the offense is punishable under Subsection (b)(1), [or] (2), or |
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(3) of that section; |
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(5) Section 481.117, Health and Safety Code, if the |
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offense is punishable under Subsection (b) of that section; |
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(6) Section 481.118, Health and Safety Code, if the |
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offense is punishable under Subsection (b) of that section; |
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(7) Section 481.119, Health and Safety Code, if the |
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offense is punishable under Subsection (a) of that section as a |
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Class A misdemeanor or state jail felony; |
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(8) Section 481.121, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1), (2), or (3) of that |
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section; |
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(9) [(2)] Section 28.03, Penal Code, if the offense is |
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punishable under Subsection (b)(2), (3), or (4) of that section; |
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(10) [(3)] Section 28.08, Penal Code, if the offense |
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is punishable under Subsection (b)(2), [or] (3), or (4) of that |
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section; |
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(11) Section 30.05, Penal Code, if the offense is |
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punishable under Subsection (d)(1) or (3) of that section; |
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(12) [(4)] Section 31.03, Penal Code, if the offense |
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is punishable under Subsection (e)(2)(A), (e)(3), or (e)(4)(A) of |
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that section; |
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(13) [(5)] Section 31.04, Penal Code, if the offense |
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is punishable under Subsection (e)(2), (3), or (4) of that section; |
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(14) [(6)] Section 38.114, Penal Code, if the offense |
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is punishable as a Class B misdemeanor; |
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(15) Section 43.02, Penal Code, if the offense is |
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punishable under Subsection (c) of that section or punishable as a |
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Class A misdemeanor or state jail felony under Subsection (c-1) of |
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that section; or |
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(16) [(7)] Section 521.457, Transportation Code. |
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SECTION 2. Article 15.17(g), Code of Criminal Procedure, is |
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amended to read as follows: |
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(g) If a person charged with an offense [punishable as a |
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misdemeanor] appears before a magistrate in compliance with a |
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citation issued under Article 14.06(b) or (c), the magistrate shall |
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perform the duties imposed by this article in the same manner as if |
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the person had been arrested and brought before the magistrate by a |
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peace officer. After the magistrate performs the duties imposed by |
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this article, the magistrate except for good cause shown may |
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release the person on personal bond. If a person who was issued a |
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citation under Article 14.06(c) fails to appear as required by that |
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citation, the magistrate before which the person is required to |
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appear shall issue a warrant for the arrest of the accused. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |