Texas 2021 - 87th Regular

Texas House Bill HB2436 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1419 TSS-D
2	2	By: Davis H.B. No. 2436
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a community pretrial review panel
8	8	by each county for the resolution and diversion of certain
9	9	misdemeanor cases out of the criminal justice system.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 2, Code of Criminal Procedure, is
12	12	amended by adding Article 2.026 to read as follows:
13	13	Art. 2.026. DUTY OF PROSECUTING ATTORNEY TO REFER CERTAIN
14	14	CASES TO COMMUNITY PRETRIAL REVIEW PANEL. (a) This article applies
15	15	only to a criminal case for:
16	16	(1) an offense punishable by fine only; or
17	17	(2) a Class B misdemeanor under:
18	18	(A) Section 481.121, Health and Safety Code;
19	19	(B) Section 481.1161, Health and Safety Code;
20	20	(C) Section 28.03, Penal Code;
21	21	(D) Section 28.08, Penal Code;
22	22	(E) Section 31.03, Penal Code, if the offense is
23	23	punishable under Subsection (e)(2)(A) of that section;
24	24	(F) Section 31.04, Penal Code;
25	25	(G) Section 38.114, Penal Code; or
26	26	(H) Section 521.457, Transportation Code.
27	27	(b) Except as provided by Subsection (c), a prosecuting
28	28	attorney, before offering a plea agreement in a case described by
29	29	Subsection (a), may refer the case and all relevant evidence in the
30	30	possession of the state for review by the community pretrial review
31	31	panel established under Subchapter J, Chapter 351, Local Government
32	32	Code, for the county in which the case is to be tried.
33	33	(c) A case is not eligible for referral to a community
34	34	pretrial review panel if:
35	35	(1) the defendant has been previously convicted of two
36	36	or more offenses; or
37	37	(2) the defendant has had two cases previously
38	38	referred to a community pretrial review panel.
39	39	(d) If a prosecuting attorney does not refer an eligible
40	40	case to the applicable community pretrial review panel, the
41	41	prosecuting attorney shall provide the panel with the attorney's
42	42	reasons for not referring the case.
43	43	(e) If a prosecuting attorney does not follow the
44	44	recommendation as to the resolution of the case made by a community
45	45	pretrial review panel under Section 351.256(5), Local Government
46	46	Code, the prosecuting attorney shall provide the panel with the
47	47	attorney's reasons for not following the recommendation.
48	48	SECTION 2. Subchapter F, Chapter 411, Government Code, is
49	49	amended by adding Section 411.0892 to read as follows:
50	50	Sec. 411.0892. ACCESS TO CRIMINAL HISTORY RECORD
51	51	INFORMATION: COMMUNITY PRETRIAL REVIEW PANELS. (a) A community
52	52	pretrial review panel established under Subchapter J, Chapter 351,
53	53	Local Government Code, is entitled to obtain from the department
54	54	any criminal history record information maintained by the
55	55	department about a defendant or witness in a case referred to the
56	56	panel.
57	57	(b) Criminal history record information obtained by a
58	58	community pretrial review panel may be used only for a purpose
59	59	authorized by Subchapter J, Chapter 351, Local Government Code.
60	60	SECTION 3. Chapter 351, Local Government Code, is amended
61	61	by adding Subchapter J to read as follows:
62	62	SUBCHAPTER J. COMMUNITY PRETRIAL REVIEW PANELS
63	63	Sec. 351.251. DEFINITION. In this subchapter, "panel"
64	64	means a community pretrial review panel established under Section
65	65	351.252.
66	66	Sec. 351.252. ESTABLISHMENT OF PANEL. Each county
67	67	commissioners court shall establish a panel for the resolution and
68	68	diversion of cases described by Article 2.026, Code of Criminal
69	69	Procedure, out of the criminal justice system.
70	70	Sec. 351.253. COMPOSITION. (a) Each panel is composed of
71	71	the following six members:
72	72	(1) one member appointed by the county commissioners
73	73	court, who serves as the presiding officer of the panel;
74	74	(2) one member appointed by the county judge; and
75	75	(3) one member appointed by each county commissioner.
76	76	(b) Each member of the panel must be qualified to serve as a
77	77	juror under Section 62.102, Government Code.
78	78	(c) The member appointed under Subsection (a)(1) must:
79	79	(1) have previously served as a justice of the peace;
80	80	or
81	81	(2) be an attorney licensed in this state.
82	82	Sec. 351.254. TERMS; VACANCY. (a) Panel members serve
83	83	four-year terms.
84	84	(b) If a vacancy occurs on a panel, the appropriate
85	85	appointing authority shall appoint a successor in the same manner
86	86	as the original appointment to serve for the remainder of the
87	87	unexpired term.
88	88	Sec. 351.255. COMPENSATION; REIMBURSEMENT. Panel members
89	89	serve without compensation and are not entitled to reimbursement
90	90	for travel or other expenses.
91	91	Sec. 351.256. POWERS AND DUTIES. For each case referred to
92	92	a panel under Article 2.026, Code of Criminal Procedure, the panel
93	93	shall:
94	94	(1) review the charging instrument and the defendant's
95	95	relevant criminal history;
96	96	(2) inspect available witness statements, offense
97	97	reports, citations, probable cause affidavits, and other relevant
98	98	evidence;
99	99	(3) consult with the prosecuting attorney and defense
100	100	counsel;
101	101	(4) consider the root causes of the defendant's
102	102	conduct;
103	103	(5) recommend to the prosecuting attorney a just and
104	104	rehabilitative plea agreement that resolves the case in a manner
105	105	that avoids confinement in jail or a final conviction for the
106	106	defendant; and
107	107	(6) monitor the defendant's compliance with any
108	108	release or dismissal conditions not otherwise monitored by a
109	109	community supervision and corrections department or a department,
110	110	division, or program responsible for pretrial diversion.
111	111	Sec. 351.257. REFERRAL FOR TRIAL. If a defendant or defense
112	112	counsel refuses to cooperate with the panel or declines the
113	113	agreement recommended by the panel, the panel may refer the case
114	114	back to the prosecuting attorney for continued plea negotiation or
115	115	trial.
116	116	Sec. 351.258. CONFIDENTIALITY. All evidence, records, or
117	117	other material collected or created by a panel is confidential and
118	118	is not subject to disclosure under Chapter 552, Government Code.
119	119	SECTION 4. (a) Not later than December 1, 2021, the
120	120	commissioners court of each county shall establish a community
121	121	pretrial review panel and the appropriate appointing authorities
122	122	shall appoint members to the panel as required by Subchapter J,
123	123	Chapter 351, Local Government Code, as added by this Act.
124	124	(b) Article 2.026, Code of Criminal Procedure, as added by
125	125	this Act, applies only to an offense committed on or after January
126	126	1, 2022. An offense committed before January 1, 2022, is governed by
127	127	the law in effect on the date the offense was committed, and the
128	128	former law is continued in effect for that purpose. For purposes of
129	129	this subsection, an offense was committed before January 1, 2022,
130	130	if any element of the offense occurred before that date.
131	131	SECTION 5. This Act takes effect September 1, 2021.