HB 2391: The facts.

There's seems to be alot of misinformation about the new bill that takes effect on Sept. 1st 2007

We are 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.)


The major changes to be aware of are:

*It clears up confusion concerning officer discretion.

*If the accused is arrested, there are directives do expidite an appearance before an officer of the court within 48 hrs.

*Whether the accused is arrested or issued a citation, the magistrate is directed to release the accused on personal bond, unless just cause can be shown.




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,
, 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, . The magistrate shall immediately perform the duties described in
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 below:


(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 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 fails to appear a warrant shall then be issued for the arrest of
the accused.





I hope this helps clear up any confusion,

Leon Jackson
Public Information Officer
Dallas / Ft. Worth NORML

to tell a real truth is the cops have always had the option.I can't count the number of folks that have been popped with an oz. or less and then only be charged with a paraphenalia bust.I'm guessin' the latter pays more to the county involved.I'm not trying to argue or split hairs over this issue.its a step in a direction.but I'm sure not much will really change with this law change.sad but true.don't for a second relax your security because of this change.

Your absolutly right! Most people don't realize that the law in Texas states the officer MAY arrest, not SHALL arrest (like for a warrant)
One of the issues with current officer discretion is the confusion caused by departmental policies. This bill is SUPPOSED to clear that up and place it solely in the hands of the officer.
The other thing that is positive that comes from the bill is, there are directives to expidite an appearance before an officer of the court in no less than 48 hrs.
Also the magistrate is directed to release the accused on personal bond, unless just cause can be shown.
I've recieved so many emails from people that think or have heard that this bill means there's just a ticket if they get caught with pot.

What I'm waiting to see is what happens when a person isn't brought before the judge within 48 hrs. Will it be grounds for dismissal?

hhmmm?, 48hr.s huh? you probably don't have a appearance time to see the judge; but instead you'll have 48hr.s,that's 2 work day's or about 16 hour's during a 48hr timespan.if you don't show a warrants issued.whats a failure to appear warrant and fine run these days?.to me it's a step in a direction.lets hope it helps with court and jail overcrowding anyways.