C.S.S.B. 1597 78(R)    BILL ANALYSIS


C.S.S.B. 1597
By: Hinojosa
Law Enforcement
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current Texas law does not prohibit peace officers from arresting a person
for a misdemeanor offense punishable by fine only and which does not
include jail time.  C.S.S.B. 1597 requires each law enforcement agency to
establish a written policy regarding the arrest of persons without a
warrant for committing certain offenses.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.S.B. 1597 amends Chapter 14, Code of Criminal Procedure, by adding
Article 14.07, as follows:  

Art. 14.07. LAW ENFORCEMENT AGENCY POLICIES ON ARRESTS WITHOUT WARRANT. 

(a) Requires each law enforcement agency in this state to adopt a detailed
written policy relating to the arrest of persons without a warrant for
misdemeanor offenses, including traffic offenses, that are punishable by
fine only.  

(b) Requires the policy adopted by the law enforcement agency to clearly
describe the circumstances in which a peace officer is authorized to make
a warrantless custodial arrest for a fine-only misdemeanor and to provide
for a review of such an arrest by the immediate supervisor of the officer
making the arrest.  

(c) Provides that Article 38.23 (Evidence Not To Be Used) of the Code of
Criminal Procedure does not apply to evidence arising out of an arrest
made in violation of a policy adopted under Subsection (a) or where an
arrest is made in the absence of a policy required to be adopted by this
article. 

The bill requires law enforcement agencies to adopt arrest policies by
January 1, 2004. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B 1597 amends the original by providing that Article 38.23 (Evidence
Not To Be Used) of the Code of Criminal Procedure does not apply to
evidence arising out of an arrest made in violation of a policy adopted
under Article 14.07(a), Code of Criminal Procedure, or where an arrest is
made in the absence of a policy required to be adopted by this article. 

The substitute removes language in the original that provided that an
arrest made in violation of a policy adopted under Article 14.07(a), Code
of Criminal Procedure, does not create an exception, defense, or
affirmative defense under Chapter 2, Penal Code, to the offense for which
the person was arrested.