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A BILL TO BE ENTITLED
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AN ACT
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relating to county reports regarding the implementation of cite and |
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release provisions by local law enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 511, Government Code, is amended by |
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adding Section 511.019 to read as follows: |
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Sec. 511.019. REPORT REGARDING USE OF CITE AND RELEASE. (a) |
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Not later than March 1 of each year, each county shall report to the |
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commission regarding the extent to which during the preceding |
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calendar year the law enforcement agencies in the county issued |
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citations for Class A or B misdemeanor offenses instead of |
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arresting the offender, as permitted by Article 14.06(c), Code of |
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Criminal Procedure. |
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(b) The report must include: |
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(1) if the policies of the law enforcement agencies in |
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the county authorize peace officers to issue citations for Class A |
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or B misdemeanor offenses instead of arresting the offender, as |
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permitted by Article 14.06(c), Code of Criminal Procedure, an |
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estimate of the amount of savings to the agencies and the county as |
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a result of decreased detention costs; or |
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(2) if one or more law enforcement agencies in the |
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county have not adopted a policy described by Subdivision (1): |
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(A) a summary of the reasons the policy has not |
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been adopted, including what obstacles the applicable agency |
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believes would hinder the implementation of the policy if adopted; |
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and |
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(B) a statement acknowledging that the agency has |
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been made aware of potential cost savings associated with adopting |
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such a policy. |
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(c) Not later than June 1 of each year, the commission shall |
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summarize the information contained in the reports submitted under |
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Subsection (a). The summary must, for the preceding calendar year: |
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(1) identify the counties that issued citations as |
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described by Subsection (a); |
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(2) identify the counties that did not issue citations |
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as described by Subsection (a), including the reasons the counties |
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failed to exercise their statutory cite and release authority; |
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(3) identify the counties that failed to comply with |
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the annual reporting requirement under this section; |
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(4) estimate the amount of savings realized by law |
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enforcement agencies and counties that have already implemented a |
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policy authorizing the issuance of citations as described by |
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Subsection (a); and |
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(5) estimate the amount of savings that could be |
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realized by a law enforcement agency or county that implements a |
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policy authorizing the issuance of citations as described by |
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Subsection (a). |
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(d) The commission shall: |
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(1) provide a copy of the summary prepared under |
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Subsection (c) to: |
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(A) the governor; |
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(B) the lieutenant governor; |
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(C) the speaker of the house of representatives; |
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and |
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(D) each standing committee of the senate and |
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house of representatives having primary jurisdiction over matters |
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relating to criminal justice; and |
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(2) make the summary prepared under Subsection (c) |
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available to the public. |
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SECTION 2. This Act takes effect September 1, 2013. |