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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain law enforcement agencies to implement |
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a policy regarding cite and release for certain criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 14, Code of Criminal Procedure, is |
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amended by adding Article 14.07 to read as follows: |
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Art. 14.07. CITE AND RELEASE POLICY. (a) In this article: |
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(1) "Institute" means the Bill Blackwood Law |
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Enforcement Management Institute of Texas located at Sam Houston |
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State University. |
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(2) "Law enforcement agency" means an agency of the |
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state, or of a county, municipality, or other political subdivision |
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of the state, that employs peace officers who make motor vehicle |
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stops or arrests in the routine performance of the officers' |
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official duties. |
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(b) The institute, in consultation with large, medium, and |
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small law enforcement agencies, including agencies that have |
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implemented written policies to issue citations under Article |
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14.06(b) or (c), the Office of Court Administration of the Texas |
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Judicial System, the Commission on Jail Standards, appropriate |
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organizations engaged in the development of law enforcement policy, |
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and nonprofit or community-based organizations with expertise in |
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issues related to criminal or juvenile justice, shall develop, |
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adopt, and disseminate to law enforcement agencies a model policy |
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and associated training materials regarding the issuance of |
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citations in lieu of arrest for misdemeanors as permitted by |
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Article 14.06(b) or (c). The institute shall provide a reasonable |
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period for public comment regarding the model policy and associated |
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training materials before adopting the policy and materials. |
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(c) The model policy developed under Subsection (b) must be |
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based on: |
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(1) credible academic and policy research on the |
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issuance of citations in lieu of arrest; and |
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(2) best practices used by law enforcement agencies in |
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this state and other states that have successfully: |
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(A) implemented a cite and release policy; and |
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(B) reduced arrests for misdemeanors for which a |
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peace officer has statutory authority to issue a citation in lieu of |
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arrest. |
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(d) The model policy developed under Subsection (b) must |
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include the following information: |
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(1) procedures for issuing a citation for misdemeanors |
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punishable by a fine only as described by Article 14.06(b) and for |
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issuing a citation for Class A and B misdemeanors as described by |
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Article 14.06(c); |
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(2) a list of any exceptional circumstances under |
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which an arrest is necessary for a misdemeanor otherwise eligible |
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for the issuance of a citation in lieu of arrest; |
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(3) a plan to monitor the implementation of the policy |
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and compliance with the policy, including collection of necessary |
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data; |
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(4) procedures for providing to a defendant, at the |
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time the citation is issued, information that will maximize the |
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likelihood of the defendant's appearance in court; and |
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(5) any other procedures or best practices supported |
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by credible research or commonly accepted by law enforcement |
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agencies for reducing arrests for misdemeanors for which a peace |
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officer has statutory authority to issue a citation in lieu of |
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arrest. |
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(e) The model policy developed under Subsection (b) must be |
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designed to achieve the following goals: |
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(1) reducing the number of people arrested and booked |
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into county and municipal jails for misdemeanors and avoiding the |
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unnecessary detention of people who are arrested for but not yet |
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convicted of a misdemeanor; |
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(2) maximizing law enforcement efficiency by |
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increasing the issuance of citations in lieu of arrest; and |
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(3) maximizing defendants' appearance rates in court |
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pursuant to a citation. |
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(f) Each law enforcement agency shall adopt, implement, and |
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as necessary amend a detailed written policy regarding the issuance |
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of citations in lieu of arrest for misdemeanors as permitted by |
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Article 14.06(b) or (c). The policy must meet the requirements |
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applicable to the model policy as described by Subsections (c), |
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(d), and (e). A law enforcement agency may adopt the model policy |
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adopted by the institute under Subsection (b). |
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(g) Not later than December 31 of each odd-numbered year, |
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the institute shall review the model policy and associated training |
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materials adopted under this article and modify the policy and |
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materials as appropriate. |
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(h) Not later than September 1 of each even-numbered year, |
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each law enforcement agency shall review its policy adopted under |
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this article and modify the policy as appropriate. |
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SECTION 2. (a) Not later than December 31, 2019, the Bill |
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Blackwood Law Enforcement Management Institute of Texas shall |
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develop, adopt, and disseminate the model policy and associated |
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training materials required under Article 14.07(b), Code of |
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Criminal Procedure, as added by this Act. |
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(b) Not later than May 1, 2020, each law enforcement agency |
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as defined by Article 14.07(a)(2), Code of Criminal Procedure, as |
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added by this Act, shall adopt a policy as required by Article |
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14.07(f), Code of Criminal Procedure, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |