BILL ANALYSIS

C.S.H.B. 4486

By: Bhojani

Homeland Security & Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

A summons, ticket, or other formal document issued to a person by a peace officer and requiring them to appear in court is referred to as a citation. According to research published in Science Magazine, improving the formatting of court summons forms by doing such things as moving court information from the bottom of the form to the top of the form and bolding consequences for missing a court date has been shown to decrease failures to appear in court by 13 percent. C.S.H.B. 4486 aims to create a model citation for use by law enforcement agencies across Texas.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4486 amends the Code of Criminal Procedure to require the Texas Commission on Law Enforcement (TCOLE), not later than December 31, 2023, to design, adopt, and disseminate to each law enforcement agency in Texas a model criminal citation for the purpose of reducing costs associated with the failure of a person issued a citation to appear for a scheduled court appearance and improving the efficiency of courts in Texas. The bill requires the model citation to, as follows:

· be based on credible field, academic, or laboratory research;

· include important information at the top of the citation;

· be written in clear, plain language and include, as applicable:

o the date, time, and location at which a person issued a citation must appear for court;

o the offense charged and the action the person issued a citation is required to take regarding the charge;

o the consequences of missing a scheduled court appearance;

o information regarding what the person issued a citation may expect at court, including an assurance that the person will not be arrested for an unresolved misdemeanor punishable by fine only;

o the contact information and available hours of the individual at the court who is able to provide additional information to or answer questions from the person issued a citation;

o details for any available resources to assist with a court appearance, including resources that provide text reminders, parking details, general directions to the court, transportation options, child-care assistance, and rescheduling instructions; and

o details for persons who are unable to afford fines or costs imposed by a court, including details for a payment plan, payment deferral, community service, and waiver or reduction of the fines or costs; and

· include any other information, procedure, or best practice that is supported by credible research or commonly accepted as a means to achieve the purposes for which the model citation was created.

C.S.H.B. 4486 requires TCOLE, in designing the model citation, to consult with the Bill Blackwood Law Enforcement Management Institute of Texas, court clerks, the Office of Court Administration of the Texas Judicial System, judges, public defenders, prosecutors, and small, medium, and large law enforcement agencies. The bill requires TCOLE to provide for a period of public comment before adopting the model citation design.

C.S.H.B. 4486 requires each law enforcement agency, not later than September 1 of each even‑numbered year, beginning on September 1, 2024, to adopt, implement, and, as necessary, amend the citation used by the agency. The bill requires the citation implemented by the agency to conform to the model citation designed, adopted, and disseminated by TCOLE. The bill requires TCOLE, not later than December 31 of each odd-numbered year, to review the adopted model citation, modify or update the design if appropriate, and disseminate the design to each law enforcement agency in Texas.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

C.S.H.B. 4486 differs from the introduced in minor or nonsubstantive ways by conforming to certain bill drafting conventions.