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OneManRevolution
Antiprohibitionist
Joined: 08 Apr 2007
Posts: 88
Location: Carrollton, TX
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 Posted: Fri Aug 31, 2007 8:51 pm Post subject: House Bill 2391 |
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There's seems to be alot of misinformation about the new bill that takes effect on Sept. 1st
I am concerned that people will be lured into a false sense of security. So please heed the following warnings:
* This does nothing to change sentencing.
* It only applies if the alleged offence occurs in the same county as the accused resides.
* The officer still has the option to arrest. ( As a side-note, in Texas the oficer can arrest you for traffic violations, so ALWAYS play nice.)
Here is an version of the bill, as edited by me, that gives a short explanation of each of the misdemeanors covered.
Texas House Bill 2391
SECTION 1. Article 14.06, Code of Criminal Procedure,
(a) Except as otherwise provided by this article
[Subsection (b)], in each case enumerated in this Code, the person
making the arrest or the person having custody of the person
arrested shall take the person arrested or have him taken without
unnecessary delay, but not later than 48 hours after the person is
arrested, before the magistrate who may have ordered the arrest,
before some magistrate of the county where the arrest was made
without an order, or, to provide more expeditiously to the person
arrested the warnings described by Article 15.17 of this Code,
before a magistrate in any other county of this state. The
magistrate shall immediately perform the duties described in
Article 15.17 of this Code. [see below (g)]
(c) If the person resides in the county where the offense
occurred, a peace officer who is charging a person with committing
an offense that is a Class A or B misdemeanor may, instead of taking
the person before a magistrate, issue a citation to the person that
contains written notice of the time and place the person must appear
before a magistrate of this state as described by Subsection (a),
the name and address of the person charged, and the offense charged.
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code: As it pertains to the possession to 4 ounces or less of marijuana.
(2) Sec. 28.03. CRIMINAL MISCHIEF: A person commits an
offense if, without the effective consent of the owner:
(A) he intentionally or knowingly damages or destroys
the tangible property of the owner;
(B) he intentionally or knowingly tampers with the
tangible property of the owner and causes pecuniary loss or
substantial inconvenience to the owner or a third person; or
(C) he intentionally or knowingly makes markings,
including inscriptions, slogans, drawings, or paintings, on the
tangible property of the owner.
(3) Sec. 28.08 Same as above with exception that said property is public, community or private with more than one owner.
(4) Sec. 31.03. THEFT: A person commits an offense if he
unlawfully appropriates property with intent to deprive the owner
of property.
(5) Sec. 31.04. THEFT OF SERVICE:: A person commits theft of service if, with intent to avoid payment for service that he knows is provided only for compensation.
(6) Sec. 38.114. CONTRABAND IN CORRECTIONAL FACILITY
(7) Sec 521.457. Driving While license Invalid (Suspended)
(g) If a person charged with an offense punishable as a
misdemeanor appears before a magistrate in compliance with a
citation issued under Article 14.06(b) or (c), the magistrate shall
perform the duties imposed by this article in the same manner as if
the person had been arrested and brought before the magistrate by a
peace officer. After the magistrate performs the duties imposed by
this article, the magistrate except for good cause shown may
release the person on personal bond. If a person who was issued a
citation under Article 14.06(c) fails to appear as required by that
citation, the magistrate before which the person is required to
appear shall issue a warrant for the arrest of the accused.
I hope this helps clear up any confusion, |
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