Bill Text: TX HB4486 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to design and use of a model criminal citation.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB4486 Detail]
Download: Texas-2023-HB4486-Comm_Sub.html
| 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 | ||
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| 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. | ||
