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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the authority to arrest a person for |
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certain misdemeanors punishable by a fine only. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Articles 2.1386 and 2.1387 to read as follows: |
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Art. 2.1386. CITE AND RELEASE POLICY. (a) In this article, |
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"law enforcement agency" means an agency of the state or an agency |
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of a political subdivision of the state authorized by law to employ |
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peace officers. |
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(b) The Texas Commission on Law Enforcement, in |
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consultation with law enforcement agencies, law enforcement |
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associations, law enforcement training experts, and community |
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organizations engaged in the development of law enforcement policy, |
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shall adopt a written model policy regarding the issuance of |
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citations for misdemeanor offenses, including traffic offenses, |
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that are punishable by a fine only. The policy must provide a |
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procedure for a peace officer, on a person's presentation of |
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appropriate identification, to verify the person's identity and |
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issue a citation to the person. The policy must comply with |
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Articles 14.01 and 14.03 of this code and Sections 543.001 and |
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543.004, Transportation Code. |
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(c) Each law enforcement agency shall adopt a written policy |
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regarding the issuance of citations for misdemeanor offenses, |
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including traffic offenses, that are punishable by a fine only. The |
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policy must meet the requirements for the model policy described by |
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Subsection (b). A law enforcement agency may adopt the model policy |
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adopted by the Texas Commission on Law Enforcement under Subsection |
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(b). |
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Art. 2.1387. RECORD OF WARRANTLESS ARREST. (a) A law |
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enforcement agency, as defined by Article 2.1386, shall maintain a |
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record of a warrantless arrest for a misdemeanor offense, including |
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a traffic offense, that is punishable by a fine only until at least |
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the first anniversary of the date of the arrest. The record must |
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include the arresting peace officer's justification for the arrest. |
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(b) Unless otherwise provided by law, an arrest record |
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described by Subsection (a) is not confidential and is subject to |
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disclosure under Chapter 552, Government Code. |
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SECTION 2. Article 14.01, Code of Criminal Procedure, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) Notwithstanding Subsection (a) or (b), a peace officer |
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or any other person may not, without a warrant, arrest an offender |
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who commits only one or more offenses punishable by a fine only, |
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other than an offense under Section 49.02, Penal Code, unless the |
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officer or person has probable cause to believe that: |
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(1) the failure to arrest the offender creates a clear |
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and immediate danger to the offender or the public; |
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(2) the failure to arrest the offender will allow a |
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continued breach of the public peace; or |
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(3) the offender will not appear in court in |
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accordance with the citation. |
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(d) For purposes of Subsection (c)(3), an unpaid fine |
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arising from the commission of a misdemeanor punishable by a fine |
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only under Subtitle C, Title 7, Transportation Code, does not |
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constitute probable cause to believe that the offender will fail to |
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appear in court. |
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SECTION 3. Article 14.03, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h) Notwithstanding Subsection (a), (d), or (g), a peace |
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officer may not, without a warrant, arrest a person who commits only |
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one or more offenses punishable by a fine only, other than an |
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offense under Section 49.02, Penal Code, unless the officer has |
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probable cause as described by Articles 14.01(c) and (d). |
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SECTION 4. Section 543.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace |
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officer may arrest without warrant a person found committing a |
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violation of this subtitle, except that the officer may not arrest a |
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person found committing only one or more misdemeanors punishable by |
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a fine only unless the officer has probable cause as described by |
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Articles 14.01(c) and (d), Code of Criminal Procedure. |
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SECTION 5. Section 543.004(a), Transportation Code, is |
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amended to read as follows: |
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(a) Unless the officer is authorized to arrest the person |
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under Section 543.001, an [An] officer shall issue a written notice |
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to appear if: |
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(1) the offense charged is [speeding or] a misdemeanor |
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under this subtitle punishable by a fine only [violation of the open
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container law, Section 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 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. (a) Not later than January 1, 2018, the Texas |
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Commission on Law Enforcement shall adopt the model policy required |
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by Article 2.1386(b), Code of Criminal Procedure, as added by this |
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Act. |
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(b) Not later than March 1, 2018, each law enforcement |
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agency in this state shall adopt the policy required by Article |
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2.1386(c), Code of Criminal Procedure, as added by this Act. |
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SECTION 8. This Act takes effect September 1, 2017. |