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A BILL TO BE ENTITLED
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AN ACT
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relating to design and use of a model criminal citation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.36 to read as follows: |
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Art. 2.36. MODEL CITATION DESIGN. (a) In this article: |
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(1) "Citation" means any summons, ticket, or other |
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official document issued to a person by a peace officer that |
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requires the person to respond or appear. |
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(2) "Commission" means the Texas Commission on Law |
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Enforcement. |
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(3) "Law enforcement agency" means an agency of the |
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state or an agency of a political subdivision of the state |
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authorized by law to employ peace officers. |
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(b) Not later than September 1 of each even-numbered year, |
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each law enforcement agency shall adopt, implement, and, as |
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necessary, amend the citation used by the agency. The citation |
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implemented by the agency must conform to the model citation |
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designed, adopted, and disseminated by the commission under this |
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article. |
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(c) The commission shall design, adopt, and disseminate to |
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each law enforcement agency in this state a model citation for the |
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purpose of: |
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(1) reducing costs associated with the failure of a |
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person issued a citation to appear for a scheduled court |
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appearance; and |
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(2) improving the efficiency of courts in this state. |
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(d) The model citation adopted by the commission must: |
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(1) be based on credible field, academic, or |
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laboratory research; |
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(2) include important information at the top of the |
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citation; |
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(3) be written in clear, plain language and include, |
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as applicable: |
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(A) the date, time, and location at which a |
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person issued a citation must appear for court; |
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(B) the offense charged and the action the person |
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issued a citation is required to take regarding the charge; |
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(C) the consequences of missing a scheduled court |
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appearance; |
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(D) information regarding what the person issued |
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a citation may expect at court, including an assurance that the |
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person will not be arrested for an unresolved misdemeanor |
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punishable by fine only; |
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(E) the contact information and available hours |
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of the individual at the court who is able to provide additional |
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information to or answer questions from the person issued a |
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citation; |
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(F) details for any available resources to assist |
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with a court appearance, including resources that provide text |
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reminders, parking details, general directions to the court, |
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transportation options, child-care assistance, and rescheduling |
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instructions; and |
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(G) details for persons who are unable to afford |
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fines or costs imposed by a court, including details for a payment |
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plan, payment deferral, community service, and waiver or reduction |
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of the fines or costs; and |
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(4) include any other information, procedure, or best |
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practice that is supported by credible research or commonly |
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accepted as a means to achieve the purposes described by Subsection |
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(c). |
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(e) The commission shall consult with the following in |
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designing the model citation: |
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(1) the Bill Blackwood Law Enforcement Management |
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Institute of Texas located at Sam Houston State University; |
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(2) small, medium, and large law enforcement agencies; |
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(3) court clerks; |
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(4) the Office of Court Administration of the Texas |
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Judicial System; |
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(5) judges; |
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(6) public defenders; and |
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(7) prosecutors. |
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(f) The commission shall provide for a period of public |
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comment before adopting the model citation design. |
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(g) Not later than December 31 of each odd-numbered year, |
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the commission shall: |
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(1) review the model citation adopted under this |
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article; |
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(2) if appropriate, modify or update the design; and |
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(3) disseminate the design to each law enforcement |
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agency in this state. |
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SECTION 2. (a) Not later than December 31, 2023, the Texas |
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Commission on Law Enforcement shall design, adopt, and disseminate |
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the model citation required under Article 2.36, Code of Criminal |
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Procedure, as added by this Act. |
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(b) Not later than September 1, 2024, each law enforcement |
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agency to which Article 2.36, Code of Criminal Procedure, as added |
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by this Act, applies shall adopt a citation as required by that |
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article. |
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SECTION 3. This Act takes effect September 1, 2023. |