“Justice Policy”: AKA Criminal Benefit Act

By David Moore, Unite San Antonio

A union activist once told me “Sometimes you have to let things blow up so the people realize how bad it can get. Then you can rebuild in the ashes.”  That is about to happen.

With little to no understanding of the legal system and public safety, a small extremist group supported by outside organizations is collecting signatures to place an amendment to the city charter on the May 2023 municipal ballot. The measure is titled the “Justice Policy.”

Should this pass, the fuse will be lit for an implosion with such destructive effects, it will take years for our community to rebuild.

As presented by ACT4SA, the bullet points sound reasonable: the elimination of no-knock warrants, the criminalization of chokeholds by police, no prosecution for minor marijuana possession, and a cite and release policy of individuals for minor non-violent crimes. This is a marketing ploy, using media-created catchphrases, and limited, often false information.

The full measure of the “Justice Policy” is contained in a 13-page legal document far beyond the capabilities of ACT4SA leadership.  It was written by Ground Game Texas, an Austin-based non-profit group founded by two radical attorneys.

This is more than a San Antonio grass roots endeavor; it’s a statewide/national progressive effort to undermine public safety and dismantle our state’s judicial system.

Beyond the fact that many of the proposed amendments have been city and public safety policies for decades, the “Justice Policy” creates new ones which will undermine them and create a devastating financial backlash similar to the COVID-19 shutdown of 2021.

The most prominent example is “Sec. 180 – Cite and Release.” 

For decades San Antonio has had a policy of cite and release for Class C misdemeanors (crimes punishable by fine only, like traffic tickets). Under the Justice Policy, this would be extended to most property crimes.

“A citation, ticket or verbal warning, rather than arrest, shall be issued for individuals charged with (ii) Possession of Controlled Substance less than 4 oz (synthetic cannabinoids), (iii) Driving while License Invalid, (iv) Theft of Property less than $750 dollars, (v) Theft of Service less than $750 dollars, (vii) Graffiti, with damage less than $2,500 and (viii) Criminal Mischief with damage less than $750 dollars.”

Imagine catching someone stealing your Christmas decorations, and the police simply wrote the criminal a ticket, or gave them a verbal warning to not steal again. This will be the mandated response by law enforcement.

No longer would police officers be allowed to arrest and take a criminal to jail for stealing your lawn mower, or painting gang signs on your fence. No longer would they be permitted to arrest shoplifters, or someone refusing to pay their bill.

Would this make you feel safe in your community?

Major retailers like Walmart and Target have already announced that, due to theft (shoplifting), consumer prices will increase. Some locations will be closed to deal with the massive losses. Restaurants, particularly small locally owned ones, will have to do the same to offset their losses from theft of services.

Insurance rates will increase when individuals with suspended license are driving on our streets. Property owners will incur massive cost to remove graffiti. Jobs will be lost, and the citizens of San Antonio will suffer so that criminals do not have to go to jail.

How long under this policy before San Antonio begins to look like Detroit, Chicago, Los Angeles, Portland, or Seattle?

Even the prosecution of those that are issued tickets would become problematic, resulting in the dismissal of charges. The Bexar County Judicial System has no procedures in place to prosecute individuals released on a citation, and it’s doubtful our current District Attorney will implement any.

To further compound this difficulty, the attorneys who wrote the “Justice Policy” have written-in additional defenses against prosecution.

Under the current cite and release system, a criminal cannot be released unless he has positive proof of identification: a government-issued driver’s license, identification card or passport. The “Justice Policy” changes this.

A criminal can present any identification which provides a name and address, such as a library card, utility or rent bill, a community organization membership card, student ID, church ID. A simple statement of confirmation from a friend or family member would suffice.

You cannot prosecute an individual for a crime unless you can first positively identify him, and these forms of identification are not sufficient proof in court.

This is only a single section of the proposed “Justice Policy,” and the destructive effects are obvious. There are an additional fourteen sections which are equally problematic. It is time to stop this proposed amendment before our city is blown apart and we have to rebuild in the ashes of the destruction.

**The views and opinions expressed in the is guest editorial are those of the authors and do not necessarily reflect the official policy or position of InfuseSA.  InfuseSA shall not be held liable for any inaccuracies represented in guest editorials.