78R804 EMT-D
By: Dutton H.B. No. 383
A BILL TO BE ENTITLED
AN ACT
relating to citation and arrest for a Class C misdemeanor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 543.004, Transportation Code, is amended
to read as follows:
Sec. 543.004. NOTICE TO APPEAR REQUIRED[: CERTAIN
OFFENSES]. (a) Except as provided by Subsection (c), the
issuance of a written notice to appear as provided by Section
543.003 is mandatory and an [An] officer shall issue a written
notice to appear if:
(1) the offense charged is a misdemeanor punishable by
fine only [speeding or a violation of the open container law,
Section 49.03, Penal Code]; [and]
(2) the person displays an unexpired driver's license
or permit issued to the person by the department or by another state
or country; and
(3) the person makes a written promise to appear in
court as provided by Section 543.005.
(b) If the person is a resident of or is operating a vehicle
licensed in a state or country other than this state, Subsection (a)
applies only as provided by Chapter 703.
(c) Subsection (a) does not require an officer to issue a
written notice to appear if:
(1) the arresting officer believes that taking the
person before a magistrate is necessary to prevent imminent bodily
injury to the person or another;
(2) the offense was committed in the presence of the
arresting officer and the officer believes that because of the
commission of the offense a substantial risk of harm to the person
or another exists and will continue to exist unless the person is
taken before a magistrate;
(3) the arresting officer believes that the person has
insufficient ties to the jurisdiction to assure that the person
will comply with a written notice to appear in court issued under
Section 543.003 and that there is a substantial likelihood that the
person would fail or refuse to comply with a written notice to
appear in court; or
(4) the arresting officer believes that the person has
failed to appear without just cause in response to a written notice
to appear, a citation, a summons, or other legal process issued in
connection with an offense committed by the person, other than an
offense involving the parking of a motor vehicle. [The offenses
specified by Subsection (a) are the only offenses for which
issuance of a written notice to appear is mandatory.]
SECTION 2. Article 14.06, Code of Criminal Procedure, is
amended to read as follows:
Art. 14.06. MUST TAKE OFFENDER BEFORE
MAGISTRATE. (a) Except as provided by Subsections [Subsection]
(b), (c), (d), and (e), in each case enumerated in this Code, the
person making the arrest or the person having custody of the person
arrested shall take the person arrested or have the person [him]
taken without unnecessary delay, but not later than 48 hours after
the person is arrested, before the magistrate who may have ordered
the arrest, before some magistrate of the county where the arrest
was made without an order, or, if necessary to provide more
expeditiously to the person arrested the warnings described by
Article 15.17 of this Code, before a magistrate in a county
bordering the county in which the arrest was made. The magistrate
shall immediately perform the duties described in Article 15.17 of
this Code.
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a Class C misdemeanor,
other than an offense under Section 49.02, Penal Code, or a traffic
offense, may, instead of taking the person before a magistrate,
issue a citation to the person that contains written notice of the
time and place the person must appear before a magistrate, the name
and address of the person charged, and the offense charged.
(c) A peace officer who is charging a person, including a
child, with committing a traffic offense that is a Class C
misdemeanor, including an offense under Section 49.031, Penal Code,
shall, instead of taking the person before a magistrate, issue a
citation to the person that contains written notice of the time and
place the person must appear before a magistrate, the name and
address of the person charged, and the offense charged, if the
person displays:
(1) an unexpired driver's license or permit issued to
the person by the Department of Public Safety or by another state or
country; or
(2) an unexpired personal identification certificate
issued to the person by the department.
(d) If a person charged as described by Subsection (c) is a
resident of or is operating a vehicle licensed in a state or country
other than this state, Subsection (c) applies only as provided by
Chapter 703, Transportation Code.
(e) Subsection (c) does not require a peace officer to issue
a citation if:
(1) the peace officer making the arrest believes that
taking the arrested person before a magistrate is necessary to
prevent imminent bodily injury to the arrested person or another;
(2) the offense was committed in the presence of the
peace officer making the arrest and the officer believes that
because of the commission of the offense a substantial risk of harm
to the arrested person or another exists and will continue to exist
unless the arrested person is taken before a magistrate as required
by Subsection (a);
(3) the peace officer making the arrest believes that
the arrested person has insufficient ties to the jurisdiction to
assure that the arrested person will comply with a citation that
contains a written notice to appear before a magistrate issued
under Subsection (b) and that there is a substantial likelihood
that the arrested person would fail or refuse to comply with the
written notice to appear before the magistrate; or
(4) the peace officer making the arrest believes that
the arrested person has failed to appear without just cause in
response to a written notice to appear, a citation, a summons, or
other legal process issued in connection with an offense committed
by the arrested person, other than an offense involving the parking
of a motor vehicle.
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after the effective date of this Act. For
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date.
(c) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.