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78R17693 E


By:  Hinojosa                                                     S.B. No. 1597

Substitute the following for S.B. No. 1597:                                   

By:  Keel                                                     C.S.S.B. No. 1597



A BILL TO BE ENTITLED

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 of this code 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.