Bill Text: TX HB574 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to a limitation on the authority to arrest a person for certain misdemeanors punishable by a fine only.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB574 Detail]
Download: Texas-2017-HB574-Comm_Sub.html
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 |
|
||
|
||
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 [ |
||
to appear if: | ||
(1) the offense charged is [ |
||
under this subtitle punishable by a fine only [ |
||
|
||
(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. |