| 1 | 1 | | 87R3556 MAW-F |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 718 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disposition by a peace officer of certain Class B |
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| 8 | 8 | | misdemeanors. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 14.06(a), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as otherwise provided by this article or Article |
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| 13 | 13 | | 14.07, in each case enumerated in this Code, the person making the |
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| 14 | 14 | | arrest or the person having custody of the person arrested shall |
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| 15 | 15 | | take the person arrested or have that person [him] taken without |
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| 16 | 16 | | unnecessary delay, but not later than 48 hours after the person is |
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| 17 | 17 | | arrested, before the magistrate who may have ordered the arrest, |
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| 18 | 18 | | before some magistrate of the county where the arrest was made |
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| 19 | 19 | | without an order, or, to provide more expeditiously to the person |
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| 20 | 20 | | arrested the warnings described by Article 15.17 [of this Code], |
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| 21 | 21 | | before a magistrate in any other county of this state. The |
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| 22 | 22 | | magistrate shall immediately perform the duties described in |
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| 23 | 23 | | Article 15.17 [of this Code]. |
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| 24 | 24 | | SECTION 2. Chapter 14, Code of Criminal Procedure, is |
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| 25 | 25 | | amended by adding Article 14.07 to read as follows: |
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| 26 | 26 | | Art. 14.07. DISPOSITION WITHOUT TAKING OFFENDER BEFORE |
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| 27 | 27 | | MAGISTRATE. (a) A peace officer may dispose of a case based on a |
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| 28 | 28 | | Class B misdemeanor without taking the alleged offender before a |
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| 29 | 29 | | magistrate if: |
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| 30 | 30 | | (1) the disposition is authorized by and is performed |
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| 31 | 31 | | in accordance with guidelines adopted by either: |
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| 32 | 32 | | (A) the district judges trying criminal cases in |
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| 33 | 33 | | each judicial district of the county in which the alleged offender |
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| 34 | 34 | | is arrested and the statutory county court judges trying criminal |
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| 35 | 35 | | cases in the county or counties served by the judicial districts; or |
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| 36 | 36 | | (B) the community justice council serving the |
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| 37 | 37 | | county in which the alleged offender is arrested; and |
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| 38 | 38 | | (2) the peace officer makes a written report of the |
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| 39 | 39 | | officer's disposition to the law enforcement agency employing the |
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| 40 | 40 | | officer, identifying the alleged offender and specifying the |
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| 41 | 41 | | grounds for the disposition. |
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| 42 | 42 | | (b) This article does not apply to a Class B misdemeanor |
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| 43 | 43 | | under: |
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| 44 | 44 | | (1) Section 22.01, 25.04, 37.12, 38.02, 42.01, 42.02, |
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| 45 | 45 | | 49.04, 49.05, 49.06, or 49.065, Penal Code; or |
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| 46 | 46 | | (2) Section 545.421, Transportation Code. |
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| 47 | 47 | | (c) Guidelines adopted under Subsection (a)(1) may allow a |
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| 48 | 48 | | peace officer to dispose of a case by: |
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| 49 | 49 | | (1) referring an alleged offender to a governmental |
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| 50 | 50 | | agency other than a court; |
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| 51 | 51 | | (2) referring an alleged offender to one or more |
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| 52 | 52 | | service providers on a list approved by the judges or the community |
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| 53 | 53 | | justice council that adopted the guidelines, such as a |
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| 54 | 54 | | community-based drug or mental health treatment program, a |
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| 55 | 55 | | faith-based organization, a neighborhood restorative justice |
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| 56 | 56 | | panel, or a homeless shelter; or |
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| 57 | 57 | | (3) issuing a warning. |
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| 58 | 58 | | (d) Guidelines adopted under Subsection (a)(1) may not |
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| 59 | 59 | | allow a law enforcement agency to: |
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| 60 | 60 | | (1) keep an alleged offender in custody; or |
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| 61 | 61 | | (2) require an alleged offender to report periodically |
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| 62 | 62 | | to a peace officer or a law enforcement agency or any other |
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| 63 | 63 | | governmental agency. |
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| 64 | 64 | | (e) Not later than January 31 of each year, a law |
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| 65 | 65 | | enforcement agency that is authorized to dispose of a case by |
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| 66 | 66 | | guidelines adopted under Subsection (a)(1) must report to the |
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| 67 | 67 | | judges or the community justice council that adopted the guidelines |
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| 68 | 68 | | the number and kind of dispositions made during the preceding |
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| 69 | 69 | | calendar year by the law enforcement agency and any other |
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| 70 | 70 | | information requested by the judges or council. |
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| 71 | 71 | | SECTION 3. The change in law made by this Act applies only |
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| 72 | 72 | | to an offense committed on or after the effective date of this Act. |
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| 73 | 73 | | An offense committed before the effective date of this Act is |
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| 74 | 74 | | governed by the law in effect on the date the offense was committed, |
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| 75 | 75 | | and the former law is continued in effect for that purpose. For |
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| 76 | 76 | | purposes of this section, an offense was committed before the |
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| 77 | 77 | | effective date of this Act if any element of the offense occurred |
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| 78 | 78 | | before that date. |
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| 79 | 79 | | SECTION 4. This Act takes effect September 1, 2021. |
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