| 1 | 1 | | 88R24808 MCF-F |
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| 2 | 2 | | By: Bhojani, Bowers, Dorazio, Lujan, Collier H.B. No. 4486 |
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| 3 | 3 | | Substitute the following for H.B. No. 4486: |
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| 4 | 4 | | By: Bowers C.S.H.B. No. 4486 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to design and use of a model criminal citation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.36 to read as follows: |
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| 13 | 13 | | Art. 2.36. MODEL CITATION DESIGN. (a) In this article: |
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| 14 | 14 | | (1) "Citation" means any summons, ticket, or other |
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| 15 | 15 | | official document issued to a person by a peace officer that |
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| 16 | 16 | | requires the person to respond or appear. |
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| 17 | 17 | | (2) "Commission" means the Texas Commission on Law |
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| 18 | 18 | | Enforcement. |
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| 19 | 19 | | (3) "Law enforcement agency" means an agency of the |
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| 20 | 20 | | state or an agency of a political subdivision of the state |
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| 21 | 21 | | authorized by law to employ peace officers. |
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| 22 | 22 | | (b) Not later than September 1 of each even-numbered year, |
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| 23 | 23 | | each law enforcement agency shall adopt, implement, and, as |
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| 24 | 24 | | necessary, amend the citation used by the agency. The citation |
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| 25 | 25 | | implemented by the agency must conform to the model citation |
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| 26 | 26 | | designed, adopted, and disseminated by the commission under this |
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| 27 | 27 | | article. |
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| 28 | 28 | | (c) The commission shall design, adopt, and disseminate to |
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| 29 | 29 | | each law enforcement agency in this state a model citation for the |
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| 30 | 30 | | purpose of: |
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| 31 | 31 | | (1) reducing costs associated with the failure of a |
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| 32 | 32 | | person issued a citation to appear for a scheduled court |
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| 33 | 33 | | appearance; and |
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| 34 | 34 | | (2) improving the efficiency of courts in this state. |
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| 35 | 35 | | (d) The model citation adopted by the commission must: |
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| 36 | 36 | | (1) be based on credible field, academic, or |
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| 37 | 37 | | laboratory research; |
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| 38 | 38 | | (2) include important information at the top of the |
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| 39 | 39 | | citation; |
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| 40 | 40 | | (3) be written in clear, plain language and include, |
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| 41 | 41 | | as applicable: |
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| 42 | 42 | | (A) the date, time, and location at which a |
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| 43 | 43 | | person issued a citation must appear for court; |
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| 44 | 44 | | (B) the offense charged and the action the person |
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| 45 | 45 | | issued a citation is required to take regarding the charge; |
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| 46 | 46 | | (C) the consequences of missing a scheduled court |
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| 47 | 47 | | appearance; |
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| 48 | 48 | | (D) information regarding what the person issued |
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| 49 | 49 | | a citation may expect at court, including an assurance that the |
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| 50 | 50 | | person will not be arrested for an unresolved misdemeanor |
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| 51 | 51 | | punishable by fine only; |
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| 52 | 52 | | (E) the contact information and available hours |
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| 53 | 53 | | of the individual at the court who is able to provide additional |
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| 54 | 54 | | information to or answer questions from the person issued a |
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| 55 | 55 | | citation; |
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| 56 | 56 | | (F) details for any available resources to assist |
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| 57 | 57 | | with a court appearance, including resources that provide text |
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| 58 | 58 | | reminders, parking details, general directions to the court, |
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| 59 | 59 | | transportation options, child-care assistance, and rescheduling |
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| 60 | 60 | | instructions; and |
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| 61 | 61 | | (G) details for persons who are unable to afford |
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| 62 | 62 | | fines or costs imposed by a court, including details for a payment |
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| 63 | 63 | | plan, payment deferral, community service, and waiver or reduction |
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| 64 | 64 | | of the fines or costs; and |
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| 65 | 65 | | (4) include any other information, procedure, or best |
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| 66 | 66 | | practice that is supported by credible research or commonly |
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| 67 | 67 | | accepted as a means to achieve the purposes described by Subsection |
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| 68 | 68 | | (c). |
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| 69 | 69 | | (e) The commission shall consult with the following in |
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| 70 | 70 | | designing the model citation: |
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| 71 | 71 | | (1) the Bill Blackwood Law Enforcement Management |
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| 72 | 72 | | Institute of Texas located at Sam Houston State University; |
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| 73 | 73 | | (2) small, medium, and large law enforcement agencies; |
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| 74 | 74 | | (3) court clerks; |
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| 75 | 75 | | (4) the Office of Court Administration of the Texas |
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| 76 | 76 | | Judicial System; |
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| 77 | 77 | | (5) judges; |
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| 78 | 78 | | (6) public defenders; and |
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| 79 | 79 | | (7) prosecutors. |
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| 80 | 80 | | (f) The commission shall provide for a period of public |
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| 81 | 81 | | comment before adopting the model citation design. |
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| 82 | 82 | | (g) Not later than December 31 of each odd-numbered year, |
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| 83 | 83 | | the commission shall: |
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| 84 | 84 | | (1) review the model citation adopted under this |
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| 85 | 85 | | article; |
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| 86 | 86 | | (2) if appropriate, modify or update the design; and |
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| 87 | 87 | | (3) disseminate the design to each law enforcement |
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| 88 | 88 | | agency in this state. |
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| 89 | 89 | | SECTION 2. (a) Not later than December 31, 2023, the Texas |
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| 90 | 90 | | Commission on Law Enforcement shall design, adopt, and disseminate |
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| 91 | 91 | | the model citation required under Article 2.36, Code of Criminal |
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| 92 | 92 | | Procedure, as added by this Act. |
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| 93 | 93 | | (b) Not later than September 1, 2024, each law enforcement |
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| 94 | 94 | | agency to which Article 2.36, Code of Criminal Procedure, as added |
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| 95 | 95 | | by this Act, applies shall adopt a citation as required by that |
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| 96 | 96 | | article. |
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| 97 | 97 | | SECTION 3. This Act takes effect September 1, 2023. |
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