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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a citation for the offense of trespass |
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by certain persons carrying handguns. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.17(g), Code of Criminal Procedure, is |
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amended to read as follows: |
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(g) If a person charged with an offense punishable as a |
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misdemeanor appears before a magistrate in compliance with a |
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citation issued under Section 30.06(f) or 30.07(g), Penal Code, or |
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under Article 14.06(b) or (c), the magistrate shall perform the |
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duties imposed by this article in the same manner as if the person |
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had been arrested and brought before the magistrate by a peace |
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officer. After the magistrate performs the duties imposed by this |
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article, the magistrate except for good cause shown may release the |
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person on personal bond. If a person who was issued a citation for a |
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Class A or B misdemeanor under Article 14.06(c) or for a Class A |
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misdemeanor under Section 30.06(f) or 30.07(g), Penal Code, fails |
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to appear as required by that citation, the magistrate before which |
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the person is required to appear shall issue a warrant for the |
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arrest of the accused. |
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SECTION 2. Section 30.06, Penal Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) A peace officer charging a license holder with an |
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offense under this section, instead of taking the license holder |
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before a magistrate, shall issue to the license holder a written |
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citation and notice to appear that contains the time and place the |
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license holder must appear before a magistrate, the name and |
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address of the license holder, and the offense charged. If the |
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license holder makes a written promise to appear before the |
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magistrate by signing in duplicate the citation and notice to |
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appear issued by the officer, the officer shall release the license |
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holder and may not seize a handgun possessed by the license holder |
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unless the seizure is authorized under other law. |
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SECTION 3. Section 30.07, Penal Code, is amended by adding |
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Subsection (g) to read as follows: |
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(g) A peace officer charging a license holder with an |
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offense under this section, instead of taking the license holder |
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before a magistrate, shall issue to the license holder a written |
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citation and notice to appear that contains the time and place the |
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license holder must appear before a magistrate, the name and |
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address of the license holder, and the offense charged. If the |
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license holder makes a written promise to appear before the |
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magistrate by signing in duplicate the citation and notice to |
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appear issued by the officer, the officer shall release the license |
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holder and may not seize a handgun possessed by the license holder |
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unless the seizure is authorized under other law. |
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SECTION 4. 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 5. This Act takes effect September 1, 2017. |