87R8811 AJZ-D     By: Ramos H.B. No. 2233       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)  "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.