Moody Bill Swaps Arrests For Tickets On Fine-Only Offenses

The text as introduced · 1,107 words

By: Moody
H.B. No. 225

A BILL TO BE ENTITLED

AN ACT

relating to a limitation on the authority to arrest a person for

certain misdemeanors punishable by 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 Article 2.1308 to read as follows:

Art. 2.1308. 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 that employs peace officers

who, in the routine performance of the officers' duties, conduct

custodial or noncustodial arrests of persons suspected of

committing criminal offenses.

(b) Each law enforcement agency, in consultation with

judges, prosecutors, commissioners courts, governing bodies of

municipalities, and residents located within the agency's

jurisdiction, 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 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:

(1) comply with Articles 14.01, 14.03, and 14.06 of

this code and Sections 543.001 and 543.004, Transportation Code;

and

(2) ensure judicial efficiency, law enforcement

efficiency and effectiveness, and community safety.

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

who commits only one or more offenses punishable by fine only, other

than an offense under Section 22.01(a)(2) or (3) or 49.02, Penal

Code, or Chapter 106, Alcoholic Beverage Code, unless the offender

fails to present appropriate identification or 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.

SECTION 3. Article 14.03, Code of Criminal Procedure, is

amended by adding Subsection (i) to read as follows:

(i) 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 fine only, other than an offense

under Section 22.01(a)(2) or (3) or 49.02, Penal Code, or Chapter

106, Alcoholic Beverage Code, unless the person fails to present

appropriate identification or the officer has probable cause as

described by Article 14.01(c).

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

22.01(a)(2) or (3) or 49.02, Penal Code, or Chapter 106, Alcoholic

Beverage Code, and other than circumstances under which the person

fails to present appropriate identification or the peace officer

has probable cause as described by Article 14.01(c), 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 punishable by fine only under Section

22.01(a)(2) or (3), Penal Code, or Chapter 106, Alcoholic Beverage

Code, may, instead of taking the person before a magistrate, issue

to the person a citation 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 , except that the officer may not arrest a

person found committing only one or more misdemeanors punishable by

fine only unless the person fails to present appropriate

identification or the officer has probable cause as described by

Article 14.01(c), Code of Criminal Procedure .

SECTION 6. 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 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. Not later than January 1, 2028, each law

enforcement agency in this state shall adopt the policy required by

Article 2.1308(b), Code of Criminal Procedure, as added by this

Act.

SECTION 9. This Act takes effect September 1, 2027.