Central Texas News

The San Marcos City Council is seeking to have police cite individuals for low-level, nonviolent crimes instead of arresting lawbreakers. 

The Council’s vote could eliminate arrests for the possession of small quantities of marijuana, driving with an invalid license, or other minor crimes. Although city staff have suggested a resolution, like what has passed in Austin and San Antonio, the City Council said that was not an option, according to the Austin American-Statesman.

Mano Amiga issued a statement on April 20, noting that the social justice nonprofit was willing to postpone the vote after an ambush that killed a San Marcos police officer and wounded two more.

“While we may not see eye to eye with San Marcos Police Department leadership on every policy issue, we do recognize the space they deserve to grieve and heal in the wake of this tragic event,” said representatives of Mano Amiga

The organization proposed the ordinance in 2019, after obtaining data from Hays County that showed San Marcos Police had an arrest rate of 87 percent for individuals who could have been cited. In 2019, it went down to 77 percent according to police data provided in March.

The ordinance would include:

• Class C misdemeanors other than public intoxication, assault, or family violence.
• Possession of marijuana less than 4 oz, Class A or Class B misdemeanor
• Driving while license invalid, Class B misdemeanor
• Criminal mischief, Class B misdemeanor
• Graffiti, Class A or Class B misdemeanor
• Theft of property, Class B misdemeanor
• Theft of services, Class B misdemeanor

San Marcos Police objected to the 2018 data, saying it did not include street diversions, or warnings given to those who break the law.

Jesse Saavedra, president of the San Marcos Police Union, is one of the most adamant opponents of the ordinance. In early April, he noted that the union would tell members to stop giving street diversions if the ordinance is approved.

“In an effort to protect its members, the SMPOA (police union) will advise its members to cite and release all offenders so the officers are never accused of ‘not being justified’ in their decision to arrest,” Saavedra told the American-Statesman.

Reasons for justifiable arrest would include:

• Someone not living in Hays County;
• Someone at risk of causing harm to himself or others;
• Someone who is unwilling to provide ID;
• Someone who demands to see a magistrate;
• Someone who has an outstanding warrant;

Interim Police Chief Bob Klett said in a statement that he believes many of the city’s officers will continue to give verbal warnings when appropriate “because they are conscientious professionals who are not out to arrest in all instances.”

“However, it is understandable to think they are now very concerned about how their use of discretion will be scrutinized, particularly about their exposure to federal civil rights violations if they are perceived to violate the ordinance,” Klett said.