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.