Tuesday, July 25, 2017

Petition seeks change to DPS rules on Class C arrests

Yesterday, Just Liberty filed a formal petition to initiate rule making at the Texas Department of Public Safety to substantially limit arrests by state troopers for non-jailable Class C misdemeanors. See the document here.

The proposal enjoys broad, bipartisan support and in fact implements (for DPS) a plank from the Republican Party platform: "Restricting Arrest Powers - Republican Party of Texas calls on the Texas Legislature to authorized the arrest and jailing of individuals only for offenses for which jail is a punishment or to prevent family violence."

Under Texas law, if 25 people sign a petition requesting a change in DPS Administrative Code rules, the agency has 60 days to either reject the petition or launch the rule making process. Long-time readers may recall that this blog used the same process to initiate rule making at DPS to create an indigence waiver and amnesty program for the Driver Responsibility surcharge. (Check out a couple of segments from the latest Reasonably Suspicious podcast on that effort beginning at the 3:45 mark.)

Petition signers include representatives from 16 different groups, several state legislators, and Sandra Bland's mother. Go here to send an email to DPS Director Steve McCraw to encourage the agency to initiate rule making and adopt the proposed rules.


Anonymous said...

Hotdog! Somebody's doing something!!! I'm going to make a donations I'm sooooo happy!!!

Steven Seys said...

Perhaps this is the beginning of the end of the current Gestapo style of law enforcement and a return to traditional American values of law enforcement.

Larry Moe Curly said...

Actually, the DPS is acting criminally by making any such arrests in the first place, as is ANY other law enforcement officer in Texas 99 times out of a hundred.

The legal white paper and the Plea to Jurisdiction Motion I have posted on my legal blog explains exactly why in minute detail.


Rick Martin said...

I have been arrested once for traveling with no drivers license, plates or registration stickers. I defeated the charges because the States argument could not hold water. Their presumption that I was involved in "transportation" was shattered by the clear facts that my automobile had "DON'T TREAD ON ME" plates and stickers. Yes, it took three months in the Harris County Jail however, I have now all my paperwork stamped and notarized by the district court and attorney stating what I'm doing is lawful and it is a felony for any peace officer to impede on my unalienable rights. Law enforcement avoids me like the plague now that the word is out that it is a crime to pull me over without a valid emergency or injured party. Moral of the story is sometimes you have to take a few arrows for the team to further the cause.

Rick Martin said...

Oh one other note, educate yourself on the law. My bond for these misdemeanors was $100,000, if I had not known how to write my own Notices and Motions, I would have been railroaded by a corrupt system. Ther no excuse for ignorance. Get in the to save our Nation.

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