Bill Text: TX HB2233 | 2021-2022 | 87th 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) 2021-03-15 - Referred to Homeland Security & Public Safety [HB2233 Detail]
Download: Texas-2021-HB2233-Introduced.html
87R8811 AJZ-D | ||
By: Ramos | H.B. No. 2233 |
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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) "Institutes" means the Bill Blackwood Law | ||
Enforcement Management Institute of Texas located at Sam Houston | ||
State University and the Caruth Police Institute located at the | ||
University of North Texas at Dallas. | ||
(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 institutes, 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 jointly | ||
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 institutes 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 institutes under Subsection (b). | ||
(g) Not later than December 31 of each odd-numbered year, | ||
the institutes shall review the model policy and associated | ||
training materials adopted under this article and jointly 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, 2021, the Bill | ||
Blackwood Law Enforcement Management Institute of Texas and the | ||
Caruth Police Institute shall jointly 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, 2022, 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, 2021. |