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By: Hinojosa S.B. No. 1597
(In the Senate - Filed March 14, 2003; March 20, 2003, read
first time and referred to Committee on Criminal Justice;
April 29, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 29, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1597 By: Hinojosa
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) An arrest made in violation of a policy adopted under
Subsection (a) does not create an exception, defense, or
affirmative defense under Chapter 2, Penal Code, to the offense for
which the person was arrested.
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.
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