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Tickets for Marijuana (and Other Offences)
HB 2391: Summons Instead of Arrest
The Texas legislature in 2007
passed an amendment that allows police officers the
discretion to cite and issues a summons for certain Class A
and B misdemeanors instead of arresting suspects and booking
them into jail, including possession of small amounts of
marijuana.
The person shows up to a magistrate, just like when booked
into jail, and must be released on a PR bond unless good
cause is shown.
Many attorneys may now be aware of this new change in the
law because of where is was codified.
Subsections (c) and (d) were added to Tex. Code Crim. Proc,
Art. 14.06, the “Arrest with a Warrant” statute, which
states:
(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 181.121, Health and Safety Code, if the offense is
punishable under Subsection (b)(1) or (2) of that section;
(2)
Section 28.03, Penal Code, is the offense is punishable
under Subsection (b)(2) of that section;
(3)
Section 28.08, Penal Code, if the offense is punishable
under Subsection (b)(1) of that section;
(4)
Section 31.03, Penal Code, if the offense is punishable
under Subsection (e)(2)(A) of that section;
(5)
Section 31.04, Penal Code, if the offense is punishable
under Subsection (c)(2) of that section;
(6)
Section 38.114, Penal Code, if the offense is punishable as
a Class B misdemeanor; or
(7)
Section 521.457, Transportation Code.
Notice that the statute says
NOTHING about marijuana, or any of the other offenses it
references, but only list their code sections. Therefore, if
you wanted to find the provision by looking by looking for
“marijuana,” you would not find it here. You must look up
the individual provisions, and you will find the following
offences are eligible for a summons, as opposed to arrest:
-possession of marijuana (4 oz. or less)
-criminal mischief (under $500 damage)
-graffiti (under $500 damage)
-theft (under $500 loss)
-theft of service (under $500)
-possession of contraband facility (Class B offences)
-driving while license invalid
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