88R24808 MCF-F
 
  By: Bhojani, Bowers, Dorazio, Lujan, Collier H.B. No. 4486
 
  Substitute the following for H.B. No. 4486:
 
  By:  Bowers C.S.H.B. No. 4486
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to design and use of a model criminal citation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.36 to read as follows:
         Art. 2.36.  MODEL CITATION DESIGN. (a)  In this article:
               (1)  "Citation" means any summons, ticket, or other
  official document issued to a person by a peace officer that
  requires the person to respond or appear.
               (2)  "Commission" means the Texas Commission on Law
  Enforcement.
               (3)  "Law enforcement agency" means an agency of the
  state or an agency of a political subdivision of the state
  authorized by law to employ peace officers.
         (b)  Not later than September 1 of each even-numbered year,
  each law enforcement agency shall adopt, implement, and, as
  necessary, amend the citation used by the agency.  The citation
  implemented by the agency must conform to the model citation
  designed, adopted, and disseminated by the commission under this
  article.
         (c)  The commission shall design, adopt, and disseminate to
  each law enforcement agency in this state a model citation for the
  purpose of:
               (1)  reducing costs associated with the failure of a
  person issued a citation to appear for a scheduled court
  appearance; and
               (2)  improving the efficiency of courts in this state.
         (d)  The model citation adopted by the commission must:
               (1)  be based on credible field, academic, or
  laboratory research;
               (2)  include important information at the top of the
  citation;
               (3)  be written in clear, plain language and include,
  as applicable:
                     (A)  the date, time, and location at which a
  person issued a citation must appear for court;
                     (B)  the offense charged and the action the person
  issued a citation is required to take regarding the charge;
                     (C)  the consequences of missing a scheduled court
  appearance;
                     (D)  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;
                     (E)  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;
                     (F)  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
                     (G)  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
               (4)  include any other information, procedure, or best
  practice that is supported by credible research or commonly
  accepted as a means to achieve the purposes described by Subsection
  (c).
         (e)  The commission shall consult with the following in
  designing the model citation:
               (1)  the Bill Blackwood Law Enforcement Management
  Institute of Texas located at Sam Houston State University;
               (2)  small, medium, and large law enforcement agencies;
               (3)  court clerks;
               (4)  the Office of Court Administration of the Texas
  Judicial System;
               (5)  judges;
               (6)  public defenders; and
               (7)  prosecutors.
         (f)  The commission shall provide for a period of public
  comment before adopting the model citation design.
         (g)  Not later than December 31 of each odd-numbered year,
  the commission shall:
               (1)  review the model citation adopted under this
  article;
               (2)  if appropriate, modify or update the design; and
               (3)  disseminate the design to each law enforcement
  agency in this state.
         SECTION 2.  (a)  Not later than December 31, 2023, the Texas
  Commission on Law Enforcement shall design, adopt, and disseminate
  the model citation required under Article 2.36, Code of Criminal
  Procedure, as added by this Act.
         (b)  Not later than September 1, 2024, each law enforcement
  agency to which Article 2.36, Code of Criminal Procedure, as added
  by this Act, applies shall adopt a citation as required by that
  article.
         SECTION 3.  This Act takes effect September 1, 2023.