Texas 2021 - 87th Regular

Texas House Bill HB2233 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8811 AJZ-D
2	2	By: Ramos H.B. No. 2233
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring certain law enforcement agencies to implement
8	8	a policy regarding cite and release for certain criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 14, Code of Criminal Procedure, is
11	11	amended by adding Article 14.07 to read as follows:
12	12	Art. 14.07. CITE AND RELEASE POLICY. (a) In this article:
13	13	(1) "Institutes" means the Bill Blackwood Law
14	14	Enforcement Management Institute of Texas located at Sam Houston
15	15	State University and the Caruth Police Institute located at the
16	16	University of North Texas at Dallas.
17	17	(2) "Law enforcement agency" means an agency of the
18	18	state, or of a county, municipality, or other political subdivision
19	19	of the state, that employs peace officers who make motor vehicle
20	20	stops or arrests in the routine performance of the officers'
21	21	official duties.
22	22	(b) The institutes, in consultation with large, medium, and
23	23	small law enforcement agencies, including agencies that have
24	24	implemented written policies to issue citations under Article
25	25	14.06(b) or (c), the Office of Court Administration of the Texas
26	26	Judicial System, the Commission on Jail Standards, appropriate
27	27	organizations engaged in the development of law enforcement policy,
28	28	and nonprofit or community-based organizations with expertise in
29	29	issues related to criminal or juvenile justice, shall jointly
30	30	develop, adopt, and disseminate to law enforcement agencies a model
31	31	policy and associated training materials regarding the issuance of
32	32	citations in lieu of arrest for misdemeanors as permitted by
33	33	Article 14.06(b) or (c). The institutes shall provide a reasonable
34	34	period for public comment regarding the model policy and associated
35	35	training materials before adopting the policy and materials.
36	36	(c) The model policy developed under Subsection (b) must be
37	37	based on:
38	38	(1) credible academic and policy research on the
39	39	issuance of citations in lieu of arrest; and
40	40	(2) best practices used by law enforcement agencies in
41	41	this state and other states that have successfully:
42	42	(A) implemented a cite and release policy; and
43	43	(B) reduced arrests for misdemeanors for which a
44	44	peace officer has statutory authority to issue a citation in lieu of
45	45	arrest.
46	46	(d) The model policy developed under Subsection (b) must
47	47	include the following information:
48	48	(1) procedures for issuing a citation for misdemeanors
49	49	punishable by a fine only as described by Article 14.06(b) and for
50	50	issuing a citation for Class A and B misdemeanors as described by
51	51	Article 14.06(c);
52	52	(2) a list of any exceptional circumstances under
53	53	which an arrest is necessary for a misdemeanor otherwise eligible
54	54	for the issuance of a citation in lieu of arrest;
55	55	(3) a plan to monitor the implementation of the policy
56	56	and compliance with the policy, including collection of necessary
57	57	data;
58	58	(4) procedures for providing to a defendant, at the
59	59	time the citation is issued, information that will maximize the
60	60	likelihood of the defendant's appearance in court; and
61	61	(5) any other procedures or best practices supported
62	62	by credible research or commonly accepted by law enforcement
63	63	agencies for reducing arrests for misdemeanors for which a peace
64	64	officer has statutory authority to issue a citation in lieu of
65	65	arrest.
66	66	(e) The model policy developed under Subsection (b) must be
67	67	designed to achieve the following goals:
68	68	(1) reducing the number of people arrested and booked
69	69	into county and municipal jails for misdemeanors and avoiding the
70	70	unnecessary detention of people who are arrested for but not yet
71	71	convicted of a misdemeanor;
72	72	(2) maximizing law enforcement efficiency by
73	73	increasing the issuance of citations in lieu of arrest; and
74	74	(3) maximizing defendants' appearance rates in court
75	75	pursuant to a citation.
76	76	(f) Each law enforcement agency shall adopt, implement, and
77	77	as necessary amend a detailed written policy regarding the issuance
78	78	of citations in lieu of arrest for misdemeanors as permitted by
79	79	Article 14.06(b) or (c). The policy must meet the requirements
80	80	applicable to the model policy as described by Subsections (c),
81	81	(d), and (e). A law enforcement agency may adopt the model policy
82	82	adopted by the institutes under Subsection (b).
83	83	(g) Not later than December 31 of each odd-numbered year,
84	84	the institutes shall review the model policy and associated
85	85	training materials adopted under this article and jointly modify
86	86	the policy and materials as appropriate.
87	87	(h) Not later than September 1 of each even-numbered year,
88	88	each law enforcement agency shall review its policy adopted under
89	89	this article and modify the policy as appropriate.
90	90	SECTION 2. (a) Not later than December 31, 2021, the Bill
91	91	Blackwood Law Enforcement Management Institute of Texas and the
92	92	Caruth Police Institute shall jointly develop, adopt, and
93	93	disseminate the model policy and associated training materials
94	94	required under Article 14.07(b), Code of Criminal Procedure, as
95	95	added by this Act.
96	96	(b) Not later than May 1, 2022, each law enforcement agency
97	97	as defined by Article 14.07(a)(2), Code of Criminal Procedure, as
98	98	added by this Act, shall adopt a policy as required by Article
99	99	14.07(f), Code of Criminal Procedure, as added by this Act.
100	100	SECTION 3. This Act takes effect September 1, 2021.