87R1419 TSS-D
By: Davis H.B. No. 2436
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a community pretrial review panel
by each county for the resolution and diversion of certain
misdemeanor cases out of the criminal justice system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.026 to read as follows:
Art. 2.026. DUTY OF PROSECUTING ATTORNEY TO REFER CERTAIN
CASES TO COMMUNITY PRETRIAL REVIEW PANEL. (a) This article applies
only to a criminal case for:
(1) an offense punishable by fine only; or
(2) a Class B misdemeanor under:
(A) Section 481.121, Health and Safety Code;
(B) Section 481.1161, Health and Safety Code;
(C) Section 28.03, Penal Code;
(D) Section 28.08, Penal Code;
(E) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(F) Section 31.04, Penal Code;
(G) Section 38.114, Penal Code; or
(H) Section 521.457, Transportation Code.
(b) Except as provided by Subsection (c), a prosecuting
attorney, before offering a plea agreement in a case described by
Subsection (a), may refer the case and all relevant evidence in the
possession of the state for review by the community pretrial review
panel established under Subchapter J, Chapter 351, Local Government
Code, for the county in which the case is to be tried.
(c) A case is not eligible for referral to a community
pretrial review panel if:
(1) the defendant has been previously convicted of two
or more offenses; or
(2) the defendant has had two cases previously
referred to a community pretrial review panel.
(d) If a prosecuting attorney does not refer an eligible
case to the applicable community pretrial review panel, the
prosecuting attorney shall provide the panel with the attorney's
reasons for not referring the case.
(e) If a prosecuting attorney does not follow the
recommendation as to the resolution of the case made by a community
pretrial review panel under Section 351.256(5), Local Government
Code, the prosecuting attorney shall provide the panel with the
attorney's reasons for not following the recommendation.
SECTION 2. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0892 to read as follows:
Sec. 411.0892. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: COMMUNITY PRETRIAL REVIEW PANELS. (a) A community
pretrial review panel established under Subchapter J, Chapter 351,
Local Government Code, is entitled to obtain from the department
any criminal history record information maintained by the
department about a defendant or witness in a case referred to the
panel.
(b) Criminal history record information obtained by a
community pretrial review panel may be used only for a purpose
authorized by Subchapter J, Chapter 351, Local Government Code.
SECTION 3. Chapter 351, Local Government Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. COMMUNITY PRETRIAL REVIEW PANELS
Sec. 351.251. DEFINITION. In this subchapter, "panel"
means a community pretrial review panel established under Section
351.252.
Sec. 351.252. ESTABLISHMENT OF PANEL. Each county
commissioners court shall establish a panel for the resolution and
diversion of cases described by Article 2.026, Code of Criminal
Procedure, out of the criminal justice system.
Sec. 351.253. COMPOSITION. (a) Each panel is composed of
the following six members:
(1) one member appointed by the county commissioners
court, who serves as the presiding officer of the panel;
(2) one member appointed by the county judge; and
(3) one member appointed by each county commissioner.
(b) Each member of the panel must be qualified to serve as a
juror under Section 62.102, Government Code.
(c) The member appointed under Subsection (a)(1) must:
(1) have previously served as a justice of the peace;
or
(2) be an attorney licensed in this state.
Sec. 351.254. TERMS; VACANCY. (a) Panel members serve
four-year terms.
(b) If a vacancy occurs on a panel, the appropriate
appointing authority shall appoint a successor in the same manner
as the original appointment to serve for the remainder of the
unexpired term.
Sec. 351.255. COMPENSATION; REIMBURSEMENT. Panel members
serve without compensation and are not entitled to reimbursement
for travel or other expenses.
Sec. 351.256. POWERS AND DUTIES. For each case referred to
a panel under Article 2.026, Code of Criminal Procedure, the panel
shall:
(1) review the charging instrument and the defendant's
relevant criminal history;
(2) inspect available witness statements, offense
reports, citations, probable cause affidavits, and other relevant
evidence;
(3) consult with the prosecuting attorney and defense
counsel;
(4) consider the root causes of the defendant's
conduct;
(5) recommend to the prosecuting attorney a just and
rehabilitative plea agreement that resolves the case in a manner
that avoids confinement in jail or a final conviction for the
defendant; and
(6) monitor the defendant's compliance with any
release or dismissal conditions not otherwise monitored by a
community supervision and corrections department or a department,
division, or program responsible for pretrial diversion.
Sec. 351.257. REFERRAL FOR TRIAL. If a defendant or defense
counsel refuses to cooperate with the panel or declines the
agreement recommended by the panel, the panel may refer the case
back to the prosecuting attorney for continued plea negotiation or
trial.
Sec. 351.258. CONFIDENTIALITY. All evidence, records, or
other material collected or created by a panel is confidential and
is not subject to disclosure under Chapter 552, Government Code.
SECTION 4. (a) Not later than December 1, 2021, the
commissioners court of each county shall establish a community
pretrial review panel and the appropriate appointing authorities
shall appoint members to the panel as required by Subchapter J,
Chapter 351, Local Government Code, as added by this Act.
(b) Article 2.026, Code of Criminal Procedure, as added by
this Act, applies only to an offense committed on or after January
1, 2022. An offense committed before January 1, 2022, is governed by
the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this subsection, an offense was committed before January 1, 2022,
if any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2021.