Ord 2020-018/Cite and Release - Laserfiche WebLink

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A. Class C misdemeanors other than public intoxication, assault, or family violence. B. Possession of Marijuana less than 4 oz., Class A or Class B misdemeanor - Texas Health and Safety Code §481.12(b)(1) & (2). C. Driving while License Invalid, Class B misdemeanor -Texas Transportation Code §521.457. D. Criminal Mischief, Class B misdemeanor -Texas Penal Code §28.03(b)(2) if the amount of pecuniary loss is less than or equal to $375. E. Graffiti, Class B misdemeanor -Texas Penal Code §28.08(b)(2) if the amount of pecuniary loss is less than or equal to $375. F. Theft of Property, Class B misdemeanor -Texas Penal Code §31.03(e)(2)(A) if the value of property stolen is less than or equal to $375. G. Theft of Services, Class B misdemeanor -Texas Penal Code §31.04(e)(2) if the value of service stolen is less than or equal to $375. SECTION 2. The City Council recognizes that use of the cite and release process may not be appropriate in all circumstances and that SMPD officers may exercise their discretion to issue a written or verbal warning in lieu of issuing a citation or making an arrest for a person suspected of committing any offense listed in Section 1. SECTION 3. The City Council further recognizes that the use of the cite and release process may not be appropriate in all instances, and that SMPD officers may find it necessary to arrest a person suspected of having committed any of the above -listed offenses only if any of the following circumstances are present: A. The subject does not provide satisfactory evidence of personal identification to allow for citation. In determining whether the subject is able to provide satisfactory evidence of personal identification, it shall be acknowledged that not all persons are able to produce a government -issued ID. Therefore, although a government - issued ID is preferred, the City shall accept other forms of identification, regardless of expiration date, including but not limited to: any state or federally -issued ID, student ID, or other forms of identification that include an individual's name and address, as well as photos of the aforementioned forms of identification. B. The subject is not a resident of the county in which the offense was allegedly committed. For the purposes of this Section, an individual who lives, works, or goes to school in the county where the offense was allegedly committed will be deemed by the investigating officer to be a resident of Hays County. C. The arresting officer believes that the safety of persons (including the