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A BILL TO BE ENTITLED
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AN ACT
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relating to law enforcement policies regarding the issuance of |
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citations for misdemeanors punishable by fine only and to a |
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limitation on the authority to arrest a person for certain |
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fine-only misdemeanors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.1309 to read as follows: |
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Art. 2.1309. CITE AND RELEASE POLICY. (a) In this article, |
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"law enforcement agency" means an agency of the state or an agency |
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of a political subdivision of the state authorized by law to employ |
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peace officers. |
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(b) Texas Southern University, in consultation with law |
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enforcement agencies, law enforcement associations, law |
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enforcement training experts, and community organizations engaged |
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in the development of law enforcement policy, shall publish a |
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written model policy regarding the issuance of citations for |
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misdemeanor offenses, including traffic offenses, that are |
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punishable by fine only. The policy must provide a procedure for a |
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peace officer, on a person's presentation of appropriate |
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identification, to verify the person's identity and issue a |
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citation to the person. The policy must comply with Articles 14.01, |
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14.03, and 14.06 of this code and Sections 543.001 and 543.004, |
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Transportation Code. |
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(c) Each law enforcement agency shall adopt a written policy |
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regarding the issuance of citations for misdemeanor offenses, |
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including traffic offenses, that are punishable by fine only. The |
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policy must meet the requirements for the model policy described by |
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Subsection (b). A law enforcement agency may adopt the model policy |
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published by Texas Southern University under Subsection (b). |
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SECTION 2. Article 14.01, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (a) or (b), a peace officer |
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or any other person may not, without a warrant, arrest an offender |
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for a misdemeanor punishable by fine only, other than an offense |
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under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02, |
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Penal Code. |
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SECTION 3. Article 14.03, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h) Notwithstanding Subsection (a), (d), or (g), a peace |
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officer may not, without a warrant, arrest a person who only commits |
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one or more offenses punishable by fine only, other than an offense |
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under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02, |
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Penal Code. |
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SECTION 4. Article 14.06, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) A peace officer who is charging a person, including a |
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child, with committing an offense that is a [Class C] misdemeanor |
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punishable by fine only, other than an offense under Section 49.02, |
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Penal Code, shall [may], instead of taking the person before a |
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magistrate, issue a citation to the person that contains: |
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(1) written notice of the time and place the person |
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must appear before a magistrate; |
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(2) the name and address of the person charged; |
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(3) the offense charged; |
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(4) information regarding the alternatives to the full |
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payment of any fine or costs assessed against the person, if the |
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person is convicted of the offense and is unable to pay that amount; |
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and |
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(5) the following admonishment, in boldfaced or |
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underlined type or in capital letters: |
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"If you are convicted of a misdemeanor offense involving |
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violence where you are or were a spouse, intimate partner, parent, |
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or guardian of the victim or are or were involved in another, |
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similar relationship with the victim, it may be unlawful for you to |
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possess or purchase a firearm, including a handgun or long gun, or |
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ammunition, pursuant to federal law under 18 U.S.C. Section |
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922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any |
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questions whether these laws make it illegal for you to possess or |
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purchase a firearm, you should consult an attorney." |
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(b-1) Notwithstanding Subsection (b), a peace officer who |
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is charging a person, including a child, with committing an offense |
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that is a misdemeanor under Section 22.01(a)(2) or (3), Penal Code, |
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punishable by fine only may, instead of taking the person before a |
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magistrate, issue a citation to the person that contains all of the |
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information required for a citation issued under Subsection (b). |
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SECTION 5. Section 543.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace |
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officer may arrest without warrant a person found committing a |
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violation of this subtitle, other than a person found only |
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committing one or more misdemeanors punishable by fine only. |
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SECTION 6. Section 543.004(a), Transportation Code, is |
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amended to read as follows: |
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(a) An officer shall issue a written notice to appear if: |
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(1) the offense charged is a misdemeanor under this |
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subtitle that is punishable by fine only[: |
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[(A) speeding; |
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[(B) the use of a wireless communication device |
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under Section 545.4251; or |
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[(C) a violation of the open container law, |
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Section 49.031, Penal Code]; and |
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(2) the person makes a written promise to appear in |
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court as provided by Section 543.005. |
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SECTION 7. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 8. (a) Not later than January 1, 2022, Texas |
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Southern University shall publish the model policy required by |
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Article 2.1309(b), Code of Criminal Procedure, as added by this |
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Act. |
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(b) Not later than March 1, 2022, each law enforcement |
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agency in this state shall adopt the policy required by Article |
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2.1309(c), Code of Criminal Procedure, as added by this Act. |
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SECTION 9. This Act takes effect September 1, 2021. |