Texans For Public Safety Solutions

With 2007 legislative session in full swing, there are a number of bills we’re tracking that would further our mission by reducing unnecessary jail time or modifying probation laws. In order of priority:

HB 2391 is the main piece of legislation we’re pursuing, and would give police officers the option to issue a citation instead of arrest for most Class B misdemeanors. With very few exceptions, Class B misdemeanors pose no immediate threat or public danger that would make arrest necessary. However, under current law, police officers have no way to handle such violations other than to arrest the perpetrator, which is an expensive and time-consuming process, requiring 3-4 hours of an officer’s time and costing the county as much as $3,000.
By giving law enforcement agents the option to issue a citation (promise to appear in court) for these crimes, we would reduce the need to build new jails, and would generate revenue for our counties.
This bill has received a considerable amount of support from the members of the House of Representatives, so please contact your representatives to ask them to support HB 2391. See below if you’d like some idea of what to say.
HB 1678 is a probation reform bill that would limit the maximum terms for various non-violent offenses and make the entire probation system far less cumbersome and expensive. There are currently over 5,000 Texans serving probation terms of greater than 5 years, which is one of the groups this bill targets.
HB 530 improves upon current laws that reduce recidivism and costs for drug-related crimes through drug courts - courts specifically designed to handle drug-related offenses. Drug courts divert more non-violent offenders to treatment rather than prison, are more effective at collecting fines and court costs, and reduce drug abuse and recidivism by as much as 44%.
This bill mandates the implementation of drug courts for all counties with populations greater than 200,000 (currently law is 550,000) and facilitates re-entry for offenders who successfully complete their program.
SB 166 will reduce revocations for technical probation violations by implementing progressive sanctions, rather than all-or-nothing probation terms.
SB 1909 would require probation and treatment instead of incarceration for all third degree drug possession offenses and lower. This bill has received quite a bit of bipartisan support with 5 of the Senate’s 34 members currently signed on as authors or co-authors.
HB 758 & HB 759 reschedule the penalties for various controlled substances. Gaining particular attention is HB 758, which would reclassify the penalty for possession of less than one ounce of marijuana, eliminating jail time and protecting literally tens of thousands of Texans from arrest for non-violent offenses every year.
HB 2537 would give civil liability protection for employers hiring non-violent ex-convicts, making it easier for people with prior convictions to become productive members of society.
SB 1750 would reform the current law that denies an occupational or professional license of any kind for a prior drug conviction, again, making it easier for these people to become productive members of society.
HB 1939 would give counties the authority to allow police officers to dispose of certain cases without bringing them before a judge. In other words, a police officer in a participating county could issue a warning, probation, community service requirement, etc., rather than hauling the perpetrator off to jail. Likely, this option would/could only be exercised counties with very small populations where the law enforcement agents know the general population very well.

To find out more about any of these bills, visit the Texas Legislature Online. You can also contact your representatives to let them know you support these bills. Please make sure to contact your Senator for "SB" bills and your Representative for "HB" bills.

Not sure what to say? Use the following script as a guideline:

Dear Rep. XXXX,
I am writing to ask you to support HB 2391, which would give police officers the option to issue citations instead of arrest for most class B misdemeanors. With very few exceptions, Class B misdemeanors pose no immediate threat or public danger that would make arrest necessary. However, under current law, police officers have no way to handle such violations other than to arrest the perpetrator, which is an expensive and time-consuming process, requiring 3-4 hours of an officer’s time and costing the county as much as $3,000.
By giving law enforcement agents the option to issue a citation (promise to appear in court) for these crimes, we would reduce the need to build new jails, and would generate revenue for our counties.
Texas has the third highest rate of incarceration in the United States, and the United States has the highest rate of incarceration in the world, so I would urge you to make that a priority in this session.
Sincerely,
Your Name.

You can use the above as a call script, a sample letter, or you can e-mail them. You can also modify the language to fit whichever of these bills most appeal to you. Please note that calls and letters (particularly hand-written letters) are more valuable than e-mails. If you do choose to mail it, please make sure to include your full name and address in the top right hand corner, so they can verify that you are in their district.

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