Amends TCA Title 40, Chapter 11 and Title 40, Chapter 7.

This bill removes certain prohibitions against a peace officer issuing a citation in lieu of continued custody in certain circumstances and makes other revisions related to citations, as follows:<br /> <br /> (1) Under present law, a peace officer is prohibited from issuing a citation in certain circumstances, including if:<br /> <br /> (A) The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized;<br /> (B) A reasonable likelihood exists that the arrested person will fail to appear in court; or<br /> (C) The person is subject to arrest pursuant to being a driver in an accident resulting in serious bodily injury or death when the driver does not have a valid driver license and does not have evidence of financial responsibility.<br /> <br /> This bill removes the prohibition on issuing a citation in lieu of arrest in the circumstances listed above.<br /> <br /> (2) Under present law, by accepting the citation, the defendant agrees to appear at the arresting law enforcement agency prior to trial to be booked and processed. Failure to do so is a Class A misdemeanor. This bill deletes these provisions. <br /> <br /> (3) This bill deletes the present law requirement that a court issue a bench warrant for a person's arrest if the person cited fails to appear for booking and processing prior to the person's court date, but retains the present law provision whereby a bench warrant is issued if the person fails to appear in court.<br /> <br /> ON MARCH 21, 2019, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 587, AS AMENDED.<br /> <br /> AMENDMENT #2 restores the present law prohibition against issuance of a citation in lieu of continued custody of a person subject to arrest for being a driver in an accident resulting in serious bodily injury or death, when the driver does not have a valid driver license and does not have evidence of financial responsibility, which is described in (1)(C) of the Bill Summary. This amendment also restores the present law provisions described in (2) and (3) of the Bill Summary.<br /> <br /> This amendment specifies that a peace officer may arrest and take a person into custody if:<br /> <br /> (1) A reasonable likelihood exists that the arrested person will fail to appear in court; or<br /> (2) The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized.<br /> <br />