Bill Text: TX HB1020 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to requiring certain law enforcement agencies to implement a policy regarding cite and release for certain criminal offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-26 - Referred to Homeland Security & Public Safety [HB1020 Detail]

Download: Texas-2019-HB1020-Introduced.html
  86R2585 AJZ-D
 
  By: Moody H.B. No. 1020
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring certain law enforcement agencies to implement
  a policy regarding cite and release for certain criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 14, Code of Criminal Procedure, is
  amended by adding Article 14.07 to read as follows:
         Art. 14.07.  CITE AND RELEASE POLICY. (a)  In this article:
               (1)  "Institute" means the Bill Blackwood Law
  Enforcement Management Institute of Texas located at Sam Houston
  State University.
               (2)  "Law enforcement agency" means an agency of the
  state, or of a county, municipality, or other political subdivision
  of the state, that employs peace officers who make motor vehicle
  stops or arrests in the routine performance of the officers'
  official duties.
         (b)  The institute, in consultation with large, medium, and
  small law enforcement agencies, including agencies that have
  implemented written policies to issue citations under Article
  14.06(b) or (c), the Office of Court Administration of the Texas
  Judicial System, the Commission on Jail Standards, appropriate
  organizations engaged in the development of law enforcement policy,
  and nonprofit or community-based organizations with expertise in
  issues related to criminal or juvenile justice, shall develop,
  adopt, and disseminate to law enforcement agencies a model policy
  and associated training materials regarding the issuance of
  citations in lieu of arrest for misdemeanors as permitted by
  Article 14.06(b) or (c). The institute shall provide a reasonable
  period for public comment regarding the model policy and associated
  training materials before adopting the policy and materials.
         (c)  The model policy developed under Subsection (b) must be
  based on:
               (1)  credible academic and policy research on the
  issuance of citations in lieu of arrest; and
               (2)  best practices used by law enforcement agencies in
  this state and other states that have successfully:
                     (A)  implemented a cite and release policy; and
                     (B)  reduced arrests for misdemeanors for which a
  peace officer has statutory authority to issue a citation in lieu of
  arrest.
         (d)  The model policy developed under Subsection (b) must
  include the following information:
               (1)  procedures for issuing a citation for misdemeanors
  punishable by a fine only as described by Article 14.06(b) and for
  issuing a citation for Class A and B misdemeanors as described by
  Article 14.06(c);
               (2)  a list of any exceptional circumstances under
  which an arrest is necessary for a misdemeanor otherwise eligible
  for the issuance of a citation in lieu of arrest;
               (3)  a plan to monitor the implementation of the policy
  and compliance with the policy, including collection of necessary
  data;
               (4)  procedures for providing to a defendant, at the
  time the citation is issued, information that will maximize the
  likelihood of the defendant's appearance in court; and
               (5)  any other procedures or best practices supported
  by credible research or commonly accepted by law enforcement
  agencies for reducing arrests for misdemeanors for which a peace
  officer has statutory authority to issue a citation in lieu of
  arrest.
         (e)  The model policy developed under Subsection (b) must be
  designed to achieve the following goals:
               (1)  reducing the number of people arrested and booked
  into county and municipal jails for misdemeanors and avoiding the
  unnecessary detention of people who are arrested for but not yet
  convicted of a misdemeanor;
               (2)  maximizing law enforcement efficiency by
  increasing the issuance of citations in lieu of arrest; and
               (3)  maximizing defendants' appearance rates in court
  pursuant to a citation.
         (f)  Each law enforcement agency shall adopt, implement, and
  as necessary amend a detailed written policy regarding the issuance
  of citations in lieu of arrest for misdemeanors as permitted by
  Article 14.06(b) or (c). The policy must meet the requirements
  applicable to the model policy as described by Subsections (c),
  (d), and (e). A law enforcement agency may adopt the model policy
  adopted by the institute under Subsection (b).
         (g)  Not later than December 31 of each odd-numbered year,
  the institute shall review the model policy and associated training
  materials adopted under this article and modify the policy and
  materials as appropriate.
         (h)  Not later than September 1 of each even-numbered year,
  each law enforcement agency shall review its policy adopted under
  this article and modify the policy as appropriate.
         SECTION 2.  (a)  Not later than December 31, 2019, the Bill
  Blackwood Law Enforcement Management Institute of Texas shall
  develop, adopt, and disseminate the model policy and associated
  training materials required under Article 14.07(b), Code of
  Criminal Procedure, as added by this Act.
         (b)  Not later than May 1, 2020, each law enforcement agency
  as defined by Article 14.07(a)(2), Code of Criminal Procedure, as
  added by this Act, shall adopt a policy as required by Article
  14.07(f), Code of Criminal Procedure, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2019.
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