HB 5130

Abstract

Amends the Code of Criminal Procedure of 1963. Provides that law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A or B misdemeanor (rather than any offense that is not a felony or Class A misdemeanor) unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citation, or (iii) the accused has an obvious medical or mental health issue that poses a risk to the accused's own safety. Provides that nothing in this provision requires arrest in the case of Class A or B (rather than a Class A) misdemeanor and felony offenses, or otherwise limits existing law enforcement discretion to decline to effect a custodial arrest.