87R2967 AJZ-F     By: Miles S.B. No. 1626       A BILL TO BE ENTITLED   AN ACT   relating to law enforcement policies regarding the issuance of   citations for misdemeanors punishable by fine only and to a   limitation on the authority to arrest a person for certain   fine-only misdemeanors.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 2, Code of Criminal Procedure, is   amended by adding Article 2.1309 to read as follows:          Art. 2.1309.  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)  Texas Southern University, 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 publish a   written model policy regarding the issuance of citations for   misdemeanor offenses, including traffic offenses, that are   punishable by 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,   14.03, and 14.06 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 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   published by Texas Southern University under Subsection (b).          SECTION 2.  Article 14.01, Code of Criminal Procedure, is   amended by adding Subsection (c) 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   for a misdemeanor punishable by fine only, other than an offense   under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,   Penal Code.          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 only commits   one or more offenses punishable by fine only, other than an offense   under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,   Penal Code.          SECTION 4.  Article 14.06, Code of Criminal Procedure, is   amended by amending Subsection (b) and adding Subsection (b-1) to   read as follows:          (b)  A peace officer who is charging a person, including a   child, with committing an offense that is a [Class C] misdemeanor   punishable by fine only, other than an offense under Section 49.02,   Penal Code, shall [may], instead of taking the person before a   magistrate, issue a citation to the person that contains:                (1)  written notice of the time and place the person   must appear before a magistrate;                (2)  the name and address of the person charged;                (3)  the offense charged;                (4)  information regarding the alternatives to the full   payment of any fine or costs assessed against the person, if the   person is convicted of the offense and is unable to pay that amount;   and                (5)  the following admonishment, in boldfaced or   underlined type or in capital letters:          "If you are convicted of a misdemeanor offense involving   violence where you are or were a spouse, intimate partner, parent,   or guardian of the victim or are or were involved in another,   similar relationship with the victim, it may be unlawful for you to   possess or purchase a firearm, including a handgun or long gun, or   ammunition, pursuant to federal law under 18 U.S.C. Section   922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any   questions whether these laws make it illegal for you to possess or   purchase a firearm, you should consult an attorney."          (b-1)  Notwithstanding Subsection (b), a peace officer who   is charging a person, including a child, with committing an offense   that is a misdemeanor under Section 22.01(a)(2) or (3), Penal Code,   punishable by fine only may, instead of taking the person before a   magistrate, issue a citation to the person that contains all of the   information required for a citation issued under Subsection (b).          SECTION 5.  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, other than a person found only   committing one or more misdemeanors punishable by fine only.          SECTION 6.  Section 543.004(a), Transportation Code, is   amended to read as follows:          (a)  An officer shall issue a written notice to appear if:                (1)  the offense charged is a misdemeanor under this   subtitle that is punishable by fine only[:                      [(A)  speeding;                      [(B)  the use of a wireless communication device   under Section 545.4251; or                      [(C)  a violation of the open container law,   Section 49.031, Penal Code]; and                (2)  the person makes a written promise to appear in   court as provided by Section 543.005.          SECTION 7.  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 8.  (a) Not later than January 1, 2022, Texas   Southern University shall publish the model policy required by   Article 2.1309(b), Code of Criminal Procedure, as added by this   Act.          (b)  Not later than March 1, 2022, each law enforcement   agency in this state shall adopt the policy required by Article   2.1309(c), Code of Criminal Procedure, as added by this Act.          SECTION 9.  This Act takes effect September 1, 2021.