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A BILL TO BE ENTITLED
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AN ACT
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relating to a promise to appear in court for speeding offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 543.002(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person arrested for a violation of this subtitle |
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punishable as a misdemeanor shall be immediately taken before a |
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magistrate if: |
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(1) the person is arrested on a charge of failure to |
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stop in the event of an accident causing damage to property; or |
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(2) the person demands an immediate appearance before |
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a magistrate or refuses to make a [written] promise to appear in |
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court as provided by this subchapter. |
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SECTION 2. Section 543.004(a), Transportation Code, is |
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amended to read as follows: |
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(a) An officer shall issue a written notice to appear if: |
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(1) the offense charged is speeding or a violation of |
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the open container law, Section 49.031 [49.03], Penal Code; and |
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(2) the person makes a [written] promise to appear in |
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court as provided by Section 543.005. |
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SECTION 3. Section 543.005, Transportation Code, is amended |
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to read as follows: |
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Sec. 543.005. PROMISE TO APPEAR; RELEASE. (a) Except as |
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provided by Subsection (b), to [To] secure release, the person |
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arrested must make a written promise to appear in court by signing |
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the written notice prepared by the arresting officer. The |
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signature may be obtained on a duplicate form or on an electronic |
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device capable of creating a copy of the signed notice. The |
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arresting officer shall retain the paper or electronic original of |
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the notice and deliver the copy of the notice to the person |
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arrested. The officer shall then promptly release the person from |
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custody. |
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(b) A local authority that uses an automated citation system |
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may provide that a person arrested for a speeding offense may secure |
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release by making an oral promise to appear in court to the |
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arresting officer. The officer shall note the person's oral |
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promise on the written notice to appear. |
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SECTION 4. Section 543.009, Transportation Code, is amended |
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to read as follows: |
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Sec. 543.009. COMPLIANCE WITH OR VIOLATION OF PROMISE TO |
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APPEAR. (a) A person may comply with a [written] promise to appear |
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in court by an appearance by counsel. |
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(b) A person who wilfully violates a [written] promise to |
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appear in court, given as provided by this subchapter, commits a |
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misdemeanor regardless of the disposition of the charge on which |
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the person was arrested. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |