77R4440 JD-D
By Gallego, Capelo, Turner of Coleman, H.B. No. 363
Keel, King of Parker
Substitute the following for H.B. No. 363:
By Turner of Coleman C.S.H.B. No. 363
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a written notice to appear for certain
1-3 misdemeanor offenses punishable by fine only.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 543.004, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 543.004. NOTICE TO APPEAR REQUIRED[: CERTAIN
1-8 OFFENSES]. (a) The issuance of a written notice to appear as
1-9 provided by Section 543.003 is mandatory and an [An] officer shall
1-10 issue a written notice to appear if:
1-11 (1) the offense charged is a misdemeanor punishable by
1-12 fine only [speeding or a violation of the open container law,
1-13 Section 49.03, Penal Code]; [and]
1-14 (2) the person displays:
1-15 (A) an unexpired driver's license or permit
1-16 issued to the person by the department or by another state or
1-17 country; or
1-18 (B) an unexpired personal identification
1-19 certificate issued to the person by the department; and
1-20 (3) the person makes a written promise to appear in
1-21 court as provided by Section 543.005.
1-22 (b) If the person is a resident of or is operating a vehicle
1-23 licensed in a state or country other than this state, Subsection
1-24 (a) applies only as provided by Chapter 703.
2-1 [(c) The offenses specified by Subsection (a) are the only
2-2 offenses for which issuance of a written notice to appear is
2-3 mandatory.]
2-4 SECTION 2. Article 14.06, Code of Criminal Procedure, is
2-5 amended to read as follows:
2-6 Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. (a)
2-7 Except as provided by Subsections [Subsection] (b), (c), and (d),
2-8 in each case enumerated in this Code, the person making the arrest
2-9 shall take the person arrested or have the person [him] taken
2-10 without unnecessary delay before the magistrate who may have
2-11 ordered the arrest, before some magistrate of the county where the
2-12 arrest was made without an order, or, if necessary to provide more
2-13 expeditiously to the person arrested the warnings described by
2-14 Article 15.17 of this Code, before a magistrate in a county
2-15 bordering the county in which the arrest was made. The magistrate
2-16 shall immediately perform the duties described in Article 15.17 of
2-17 this Code.
2-18 (b) A peace officer who is charging a person, including a
2-19 child, with committing an offense that is a Class C misdemeanor,
2-20 other than an offense under Section 49.02, Penal Code, or a traffic
2-21 offense, may, instead of taking the person before a magistrate,
2-22 issue a citation to the person that contains written notice of the
2-23 time and place the person must appear before a magistrate, the name
2-24 and address of the person charged, and the offense charged.
2-25 (c) A peace officer who is charging a person, including a
2-26 child, with committing a traffic offense that is a Class C
2-27 misdemeanor, including an offense under Section 49.03, Penal Code,
3-1 shall, instead of taking the person before a magistrate, issue a
3-2 citation to the person that contains written notice of the time and
3-3 place the person must appear before a magistrate, the name and
3-4 address of the person charged, and the offense charged, if the
3-5 person displays:
3-6 (1) an unexpired driver's license or permit issued to
3-7 the person by the Department of Public Safety or by another state
3-8 or country; or
3-9 (2) an unexpired personal identification certificate
3-10 issued to the person by the department.
3-11 (d) If a person charged as described by Subsection (c) is a
3-12 resident of or is operating a vehicle licensed in a state or
3-13 country other than this state, Subsection (c) applies only as
3-14 provided by Chapter 703, Transportation Code.
3-15 SECTION 3. (a) This Act takes effect September 1, 2001.
3-16 (b) The change in law made by this Act applies only to an
3-17 offense committed on or after the effective date of this Act. For
3-18 the purposes of this section, an offense is committed before the
3-19 effective date of this Act if any element of the offense occurs
3-20 before that date.
3-21 (c) An offense committed before the effective date of this
3-22 Act is governed by the law in effect when the offense was
3-23 committed, and the former law is continued in effect for that
3-24 purpose.