85R24161 AJZ-D

By: Thompson of Harris, White, H.B. No. 574

Johnson of Dallas, Wu

Substitute the following for H.B. No. 574:

By: Johnson of Harris C.S.H.B. No. 574

A BILL TO BE ENTITLED

AN ACT

relating to a limitation on the authority to arrest a person for certain misdemeanors punishable by a fine only.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.1386 and 2.1387 to read as follows:

Art. 2.1386. CITE AND RELEASE POLICY. (a) In this article, "law enforcement agency" means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers.

(b) The Texas Commission on Law Enforcement, in consultation with law enforcement agencies, law enforcement associations, law enforcement training experts, and community organizations engaged in the development of law enforcement policy, shall adopt a written model policy regarding the issuance of citations for misdemeanor offenses, including traffic offenses, that are punishable by a fine only. The policy must provide a procedure for a peace officer, on a person's presentation of appropriate identification, to verify the person's identity and issue a citation to the person. The policy must comply with Articles 14.01 and 14.03 of this code and Sections 543.001 and 543.004, Transportation Code.

(c) Each law enforcement agency shall adopt a written policy regarding the issuance of citations for misdemeanor offenses, including traffic offenses, that are punishable by a fine only. The policy must meet the requirements for the model policy described by Subsection (b). A law enforcement agency may adopt the model policy adopted by the Texas Commission on Law Enforcement under Subsection (b).

Art. 2.1387. RECORD OF WARRANTLESS ARREST. (a) A law enforcement agency, as defined by Article 2.1386, shall maintain a record of a warrantless arrest for a misdemeanor offense, including a traffic offense, that is punishable by a fine only until at least the first anniversary of the date of the arrest. The record must include the arresting peace officer's justification for the arrest.

(b) Unless otherwise provided by law, an arrest record described by Subsection (a) is not confidential and is subject to disclosure under Chapter 552, Government Code.

SECTION 2. Article 14.01, Code of Criminal Procedure, is amended by adding Subsections (c) and (d) to read as follows:

(c) Notwithstanding Subsection (a) or (b), a peace officer or any other person may not, without a warrant, arrest an offender who commits only one or more offenses punishable by a fine only, other than an offense under Section 49.02, Penal Code, unless the officer or person has probable cause to believe that:

(1) the failure to arrest the offender creates a clear and immediate danger to the offender or the public;

(2) the failure to arrest the offender will allow a continued breach of the public peace; or

(3) the offender will not appear in court in accordance with the citation.

(d) For purposes of Subsection (c)(3), an unpaid fine arising from the commission of a misdemeanor punishable by a fine only under Subtitle C, Title 7, Transportation Code, does not constitute probable cause to believe that the offender will fail to appear in court.

SECTION 3. Article 14.03, Code of Criminal Procedure, is amended by adding Subsection (h) to read as follows:

(h) Notwithstanding Subsection (a), (d), or (g), a peace officer may not, without a warrant, arrest a person who commits only one or more offenses punishable by a fine only, other than an offense under Section 49.02, Penal Code, unless the officer has probable cause as described by Articles 14.01(c) and (d).

SECTION 4. Section 543.001, Transportation Code, is amended to read as follows:

Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace officer may arrest without warrant a person found committing a violation of this subtitle, except that the officer may not arrest a person found committing only one or more misdemeanors punishable by a fine only unless the officer has probable cause as described by Articles 14.01(c) and (d), Code of Criminal Procedure.

SECTION 5. Section 543.004(a), Transportation Code, is amended to read as follows:

(a) Unless the officer is authorized to arrest the person under Section 543.001, an [An] officer shall issue a written notice to appear if:

(1) the offense charged is [speeding or] a misdemeanor under this subtitle punishable by a fine only [violation of the open container law, Section 49.03, Penal Code]; and

(2) the person makes a written promise to appear in court as provided by Section 543.005.

SECTION 6. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 7. (a) Not later than January 1, 2018, the Texas Commission on Law Enforcement shall adopt the model policy required by Article 2.1386(b), Code of Criminal Procedure, as added by this Act.

(b) Not later than March 1, 2018, each law enforcement agency in this state shall adopt the policy required by Article 2.1386(c), Code of Criminal Procedure, as added by this Act.

SECTION 8. This Act takes effect September 1, 2017.