500-14 Class C Misdemeanors

Question 1

Unless otherwise directed by policy, persons who commit serious Class C misdemeanors (e.g., offenses involving or related to violence, narcotics, vice, breaches of the peace, or criminal mischief) shall normally be incarcerated. If extenuating circumstances make incarceration unwarranted, officers shall…

Answer 1

seek approval from a field or station supervisor before issuing a citation to a serious Class C violator.

Question 2

Persons who commit less serious Class C misdemeanors (e.g., traffic violations and regulatory offenses) shall normally be issued citations. In some circumstances, it may be necessary to incarcerate a violator to _____. A decision to do so shall be _____.

For department policies and procedures regarding parking violations, see General Order 600-29, Parking Citations.

Answer 2

1) accomplish the police mission

2) consistent with the department’s values and principles

Question 3

Abbreviated Incident Report.

Answer 3

An incident report that lacks property information and a narrative and that is entered into the Automated Reporting System (ARS) within the department’s Records Management System (RMS) for statistical or historical data purposes or for capturing an incident in the FBl’s National Incident-Based Reporting System (NIBRS). An abbreviated incident report shall be generated instead of a complete incident report for only certain incidents specified by the department.

Question 4

Citation.

Answer 4

A ticket issued for a Class C misdemeanor.

Question 5

Citation Book.

Answer 5

A book containing Class C misdemeanor citation forms.

Question 6

Citation Pack.

Answer 6

A correspondence package for dismissing a citation and that contains the following:

a. A letter addressed to the Chief of Police from an officer requesting a citation dismissal.
b. A letter written by a requesting officer addressed to the Municipal Courts Chief Prosecutor for the Chief of Police’s signature.
c. A copy of the pertinent citation.

Question 7

E-Citation.

Answer 7

A citation issued for a Class C misdemeanor generated on an electronic citation writing machine. To book an arrestee in jail on a new Class C municipal charge the e-citation device must be used.

Question 8

Identifying Information. Data useful in identifying and locating an individual:

Answer 8

a. Name
b. Date of birth
c. Social security number
d. Driver license or identification number
e. Addresses: home and work
f. Telephone numbers: home, other
g. Any other pertinent information that would help to identify and locate an individual

Question 9

Ticket Supply.

Answer 9

The Ticket Supply Office of the City’s Municipal Courts Department.

Question 10

CITATIONS

Officers shall ensure the incident number, any complainant and witness identifying information, and any other information necessary to process a municipal complaint is documented on the _____ of the court’s copy utilizing the available blank space on the citation. Any remaining information along with the citation number may be written on an additional piece of paper and attached to the citation. Officers shall submit all citations at the _____.

Answer 10

1) front (never the back)

2) end of their shift

Question 11

CITATIONS

Officers using an e-citation device shall ensure that information for all required fields and any complainant and witness identifying information are entered into the e-citation device. Officers shall upload e-citations prior to the _____ or _____. Officers shall confirm that the e-citations successfully transferred into the e-citation system.

Answer 11

1) end of their shift on the day the e-citations were created
2) following an arrest

Question 12

Citation Books

Officers shall complete a checkout slip for each citation book they obtain. Officers shall return the checkout slip to Ticket Supply or to the designated location in their division. All citations in a book shall be issued or returned to Ticket Supply within _____.

Answer 12

three months

Question 13

Citation Books

Officers who lose, damage, or misplace any part of a citation book shall _____. Procedures outlined in the Houston Police Department Corrective Action Manual shall be followed.

Answer 13

write a letter via their chain of command to the Chief of Police explaining the circumstances

Question 14

Traffic Citations

Violators who agree to sign the citation and who are operating a Texas licensed vehicle shall not be booked on a _____ if it is the only violation for which they are charged. Violators who agree to sign the citation and who are operating a Texas licensed vehicle shall not be booked on a _____ charge if it is the only violation for which they are charged.

Violators charged with speeding only and whose state of residence is part of the _____ shall not be booked on the charge.

Answer 14

1) speeding charge
2) failure to show proof of financial responsibility
3) Nonresident Violator Compact of 1977

Question 15

Traffic Citations

Violators charged with both speeding and failure to show proof of financial responsibility or other violations, regardless of residence, may be _____ in accordance with section 4 of this General Order.

Answer 15

booked on the charges

Question 16

Traffic Citations

Violators driving another state’s licensed vehicle or a resident of another state that is not participating in the Nonresident Violator Compact of 1977 may be _____ in accordance with section 4 of this General Order.

Answer 16

booked on any citation

Question 17

Traffic Citations

Officers writing citations within the incorporated areas of Houston, but outside of Harris County, shall _____.

Answer 17

place the name of the county in which the violation occurred in parentheses on the same line as the location of the violation

Question 18

Refused or Unable to Sign

Officers shall advise violators who refuse to sign a citation that signing the citation is not an admission of guilt, but rather an _____.

If a violator still refuses to sign the citation, the officer shall print _____ on the line set aside for the violator’s signature. Refusal to sign a citation shall not be a basis for taking a violator into custody. The officer shall release the violator if_____

Answer 18

1) acknowledgment of receiving a citation and a promise to appear in court at the designated time
2) Refused to Sign
3) there are no other charges.

Question 19

Refused or Unable to Sign

After releasing the violator, the officer shall complete a _____ form and attach it to the citation.

The affidavit is available on the department’s Intranet Portal.

The affidavit must be _____ . The citation and affidavit shall be forwarded to the _____ for review by the end of the officer’s shift.

Answer 19

1) Refused or Unable to Sign Affidavit
2) notarized immediately
3) officer’s immediate supervisor

Question 20

Refused or Unable to Sign

If a violator is unable to sign a citation as a result of severe injury, the officer shall print _____ on the line provided for the violator’s signature.

The officer shall complete a Refused or Unable to Sign Affidavit form and attach it to the citation.

The affidavit must be _____. The citation and affidavit shall be forwarded to the _____ for review by the end of the officer’s shift.

Answer 20

1) Unable to Sign Due to Injury
2) notarized immediately
3) officer’s immediate supervisor

Question 21

Class C Theft Citations

Citations shall be issued for Class C theft cases (including, but not limited to, shoplifting incidents) when the value of the stolen items is under $___ and when _____. Arrests for thefts under $100 shall be made only with _____

Answer 21

1) 100
2) the suspect’s identity is verifiable (e.g., valid identification)
3) proper supervisory authorization.

Question 22

Class C Theft Citations

When issuing a citation for Class C theft, officers shall document the following information on the e-citation or on the front of the court’s copy of the citation form.

a. ____number
b. All stolen items - listed on the citation directly after _____
c. Complainant and witness _____
d. Who has care, custody, and control of the _____
e. Who initially _____
f. _____ of the stolen items

Answer 22

a. Incident number
b. All stolen items - listed on the citation directly after where the violation is written
c. Complainant and witness identifying information
d. Who has care, custody, and control of the stolen items
e. Who initially detained the suspect
f. Retail value of the stolen items

Question 23

Class C Theft Citations

Officers are required to conduct a federated query in the department’s Records Management System (RMS) on all suspects prior to _____. Any data returned from the query on the suspect will also be available for import into the Automated Reporting System (ARS) within RMS.

Answer 23

issuing a citation or generating an incident report

Question 24

Class C Theft Citations

In addition to the citation, officers shall complete an abbreviated incident report so the theft can be included in the department’s statistical and historical data and NIBRS information. It is not necessary to enter property or a narrative in an abbreviated incident report. When entering an abbreviated incident report, officers shall adhere to the following procedures:

g. Complete the _____tab. If it is a shoplifting incident, use the report title “Theft-Shoplifting (Cited & Released).”
h. Complete the _____tab. For the suspect, use involvement “CIT” to indicate cited and released. For a business complainant, use involvement “CAB.”
i. Complete the _____ tab.
j. Complete the ____tab to owner approve the report.

Complete incident reports shall continue to be generated for theft cases for which no citation is issued.

Answer 24

g. Complete the Incident tab. If it is a shoplifting incident, use the report title “Theft-Shoplifting (Cited & Released).”
h. Complete the Persons tab. For the suspect, use involvement “CIT” to indicate cited and released. For a business complainant, use involvement “CAB.”
i. Complete the Modus Operandi tab.
j. Complete the RCS tab to owner approve the report.

Question 25

Class C Theft Citations

For shoplifting cases, officers are also to document whether or not a _____ was given to the suspect by the place of business. This may be documented in the complete incident report if one is generated, or it may be documented in the ____ when only an abbreviated incident report is generated.

Answer 25

1) trespass warning

2) call slip

Question 26

VOIDING OR DISMISSING CITATIONS

Citations may be voided or dismissed. Requests for citations to be voided or dismissed shall be allowed only for one or more of the following reasons:

a. Error in _____
b. _____ filed in county or district court
c. _____charge

Answer 26

a. Error in writing the citation
b. Other charges filed in county or district court
c. Inappropriate charge

Question 27

Voiding Citations

To void a citation (except parking citations), all copies of the citation must be gathered and the word VOID shall be written across the entire front of all copies. The issuing officer shall write the reasons for voiding the citation on the back of the ____ copy and then_____. The issuing officer and each supervisor in the officer’s chain of command through the _____ shall sign the number 2 copy. The assistant chief’s office shall send all copies of voided Class C citations to Ticket Supply for filing.

Answer 27

1) number 2
2) place it on the bottom of all gathered copies
3) assistant chief

Question 28

Dismissing Citations

A citation (except parking citations), that has been forwarded to Municipal Courts cannot be voided and may be dismissed only by an _____ and _____ or by other process of law.

Answer 28

1) official request from the Chief of Police

2) agreement of the Municipal Courts Chief Prosecutor

Question 29

Dismissing Citations

The officer requesting the dismissal shall complete a citation pack and forward it to the Chief of Police through the requesting officer’s chain of command. Letters for dismissal of citations shall include:

a. ____ name
b. ____number
c. ____number
d. ____number
e. _____date and time

Answer 29

a. Violator’s name
b. Citation number
c. Docket number
d. Court number
e. Appearance date and time

Question 30

Dismissing Citations

The letter from the Chief of Police shall conclude by requesting the_____ to make a recommendation to the court for dismissal of the citation.

Upon the determination of the Chief of Police that the dismissal is justified, the citation pack shall be sent to the _____

Answer 30

1) Municipal Courts Chief Prosecutor

2) Municipal Courts Chief Prosecutor.

Question 31

SPECIAL SITUATIONS

Trespassing on School Property

Unless otherwise authorized by a supervisor, officers shall handle trespassing on school property incidents by _____. Officers shall include the complete name and address of the school as well as the complainant and witness identifying information in the detail or notes section of the complaint. Officers shall initiate an incident report and list the incident number on ____

Answer 31

1) incarcerating the violator and filing the appropriate trespassing complaint
2) the e-citation.

Question 32

SPECIAL SITUATIONS

Trespassing on School Property

If a supervisor authorizes an officer to write a citation for trespassing on school property without making an arrest, the officer shall list the incident number and complainant and witness identifying information on the _____

For all trespassing on school property citations, the name of the school shall be listed on the citation following the _____.

Answer 32

1) e-citation or on the front of the court’s copy of the citation.
2) appropriate charge (e.g., Trespassing on school property - Smith Elementary School)

Question 33

SPECIAL SITUATIONS

Towing Vehicles When Drivers Fail to Produce a Driver License

If an officer determines a vehicle should be towed and the sole reason is that the driver does not have a driver license, the officer shall _____.

Officers are not required to tow a vehicle if the sole reason for the tow is that the driver does not have a driver license and the officer is not making a custodial arrest. The officer’s decision to seek a supervisor’s permission to tow a vehicle in situations described above shall be reasonable and based on the principles of sound judgment, taking into consideration…

Answer 33

1) seek a supervisor’s permission prior to towing the vehicle
2) whether further operation of the vehicle would constitute a danger to the public to warrant towing the vehicle

Question 34

SPECIAL SITUATIONS

Municipal Courts Houston Homeless Court {HHC) Program

Officers shall not arrest individuals participating in the _____ program solely for their outstanding municipal warrants. An individual claiming to be a participant in the HHC program should possess and provide officers with appropriate documentation. Individuals should at least possess a Promise to Appear form or officers can confirm their participation by _____

Answer 34

1) Houston Homeless Court (HHC)

2) calling the Coalition for the Homeless of Houston/Harris County at 713-739-7514.

Question 35

AUTHORIZATION FOR INCARCERATION

Field supervisors, when present at an arrest scene, shall review the arrest of a violator who has committed a _____. Except as noted below, if a field supervisor is not at the arrest scene, a supervisor from the_____ shall, prior to booking, review the arrest of a violator who has committed a less serious Class C misdemeanor.

Answer 35

1) less serious Class C misdemeanor

2) arresting officer’s division

Question 36

AUTHORIZATION FOR INCARCERATION

Officers shall obtain the authorization of a supervisor prior to booking a person who has committed a less serious Class C misdemeanor unless one or more of the following circumstances exist. The violator:

a. Does not possess _____.
b. Has ____.
c. Shall be_____

Answer 36

a. Does not possess sufficient identification.
b. Has outstanding warrants.
c. Shall be charged with more serious offenses.

Question 37

AUTHORIZATION FOR INCARCERATION

In all cases, jail HPD supervisors have the authority to divert officers and their prisoners to other locations due to _____ or _____. Officers shall generate an incident or supplement report if jail personnel or a jail HPD supervisor rejects a suspect for _____.

Answer 37

1) the medical condition of the prisoners
2) jail overcrowding
3) medical reasons

Question 38

AUTHORIZATION FOR INCARCERATION

A supervisor’s review and approval is not required to incarcerate a person who commits a serious Class C misdemeanor. If extenuating circumstances make incarceration unwarranted, officers shall seek approval from a _____ before _____.

Answer 38

1) field or station supervisor

2) issuing a citation to a serious Class C violator

Question 39

AUTHORIZATION FOR INCARCERATION

The following options are available to supervisors when considering officers’ requests to book or charge a violator:

d. _____the request for incarceration.
e. Order a _____issued to the violator.
f. Order the violator _____.

Answer 39

d. Approve the request for incarceration.
e. Order a citation issued to the violator.
f. Order the violator released without action being taken.

Question 40

ENFORCEMENT OF TEXAS EDUCATION CODE

The Texas Education Code grants broad powers to local school district trustees to establish rules and regulations that address disruptive behavior in schools. However, under no circumstances shall officers issue a citation for _____ using the Texas Education Code as the basis for the complaint. This policy does not preclude officers from enforcing other applicable laws or ordinances.

Answer 40

disruption of classes, disruptive activities, or possession of cellular telephones

Question 41

MUNICIPAL WARRANTS

To check whether a person has a municipal warrant, officers shall provide all of the following information to the Municipal Courts Warrants Verification Section:

a. Whether or not the person is _____.
b. The person’s _____

Answer 41

1) in custody

2) name, race, gender, date of birth, and driver license or identification number.

Question 42

MUNICIPAL WARRANTS

The Municipal Courts Warrants Verification Section will advise the officer if there are any outstanding warrants on the person in question, the number of such warrants, and if the warrants are _____warrants. Docket numbers and the amount of bond will not be given over the telephone.

If it is determined that a person has a municipal warrant, officers shall record this information in _____ by indicating the municipal warrant in the charge section. Officers shall refer to General Order 500-08, Required Booking Information and Procedures, regarding booking prisoners into jail.

Answer 42

1) capias pro fine (cash only)

2) ARS during the “jail initialization” process