S.B. No. 1597




AN ACT

relating to policies by law enforcement agencies regarding the 
arrest of persons for certain offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 14, Code of Criminal Procedure, is 
amended by adding Article 14.07 to read as follows:
	Art. 14.07.  LAW ENFORCEMENT AGENCY POLICIES ON ARRESTS 
WITHOUT WARRANT.  (a)  Each law enforcement agency in this state 
shall 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)  The policy adopted by the law enforcement agency must:             
		(1)  clearly describe the circumstances in which a 
peace officer of the law enforcement agency is authorized by the law 
enforcement agency to make a warrantless custodial arrest of a 
person for a misdemeanor offense that is punishable by fine only; 
and
		(2)  provide for a review of each warrantless custodial 
arrest of a person for a misdemeanor offense that is punishable by 
fine only by the immediate supervisor, if any, of the officer making 
the arrest.
	(c)  Article 38.23 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.
	SECTION 2.  A law enforcement agency required by Article 
14.07, Code of Criminal Procedure, as added by this Act, to adopt an 
arrest policy shall adopt the policy not later than January 1, 2004.
	SECTION 3.  This Act takes effect September 1, 2003.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1597 passed the Senate on 
May 6, 2003, by the following vote:  Yeas 31, Nays 0; 
May 30, 2003, Senate refused to concur in House amendments and 
requested appointment of Conference Committee; May 30, 2003, House 
granted request of the Senate; May 31, 2003, Senate adopted 
Conference Committee Report by a viva-voce vote.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1597 passed the House, with 
amendments, on May 28, 2003, by a non-record vote; May 30, 2003, 
House granted request of the Senate for appointment of Conference 
Committee; May 31, 2003, House adopted Conference Committee Report 
by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
           Date



______________________________ 
          Governor