HB656 - 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.

  89R685 AJZ-F     By: Thompson H.B. No. 656       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 2B, Code of Criminal Procedure, is   amended by adding Subchapter E-1 to read as follows:   SUBCHAPTER E-1.   CITATIONS AND ARRESTS           Art.   2B.0221.     DEFINITION. In this subchapter, "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.           Art.   2B.0222.     CITE AND RELEASE POLICY.   (a)   The Bill   Blackwood Law Enforcement Management Institute of Texas, in   collaboration 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.           (b)     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 (a). A law enforcement agency may adopt the model policy   published by the Bill Blackwood Law Enforcement Management   Institute of Texas under Subsection (a).          SECTION 2.  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 3.  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 4.  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 5.  (a) Not later than January 1, 2026, the Bill   Blackwood Law Enforcement Management Institute of Texas shall   publish the model policy required by Article 2B.0222(a), Code of   Criminal Procedure, as added by this Act.          (b)  Not later than March 1, 2026, each law enforcement   agency in this state shall adopt the policy required by Article   2B.0222(b), Code of Criminal Procedure, as added by this Act.          SECTION 6.  This Act takes effect September 1, 2025.