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A BILL TO BE ENTITLED
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AN ACT
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relating to the appearance of certain misdemeanor defendants before |
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a magistrate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06, Code of Criminal Procedure, is |
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amended by amending Subsection (c) and adding Subsection (e) to |
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read as follows: |
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(c)(1) A [If the person resides in the county where the
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offense occurred, a] peace officer for a local law enforcement |
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agency [who is charging a person with committing an offense that is
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a Class A or B misdemeanor] may[, instead of taking the person
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before a magistrate,] issue [a citation] to a [the] person a |
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citation that contains the information required by Subsection (e) |
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instead of taking the person before a magistrate if: |
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(A) the person resides in the county where the |
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offense occurred; and |
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(B) the peace officer is charging the person with |
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committing an offense that is a Class A or B misdemeanor described |
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by Subsection (d). |
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(2) A peace officer for a state law enforcement agency |
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or a peace officer who is commissioned under Subchapter E, Chapter |
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51, Education Code, shall issue to a person a citation that contains |
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the information required by Subsection (e) instead of taking the |
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person before a magistrate if: |
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(A) the person resides in the county where the |
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offense occurred; |
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(B) the peace officer is charging the person with |
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committing an offense that is a Class A or B misdemeanor described |
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by Subsection (d); and |
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(C) the peace officer's supervisor or another |
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peace officer employed by a local political subdivision with |
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jurisdiction over the offense has not otherwise authorized the |
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peace officer to take the person before a magistrate [written
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notice of the time and place the person must appear before a
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magistrate of this state as described by Subsection (a), the name
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and address of the person charged, and the offense charged]. |
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(e) A citation issued under Subsection (c) must contain |
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written notice of the following information: |
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(1) the time and place the person must appear before a |
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magistrate of this state as described by Subsection (a); |
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(2) the name and address of the person charged; and |
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(3) the offense charged. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |