Bill Text: TX HB21 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the disposition by a peace officer of certain Class B misdemeanors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-08 - Referred to Constitutional Rights & Remedies [HB21 Detail]
Download: Texas-2021-HB21-Introduced.html
| 87S10057 MAW-F | ||
| By: Gervin-Hawkins | H.B. No. 21 | |
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| relating to the disposition by a peace officer of certain Class B | ||
| misdemeanors. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 14.06(a), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (a) Except as otherwise provided by this article or Article | ||
| 14.07, in each case enumerated in this Code, the person making the | ||
| arrest or the person having custody of the person arrested shall | ||
| take the person arrested or have that person [ |
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| unnecessary delay, but not later than 48 hours after the person is | ||
| arrested, before the magistrate who may have ordered the arrest, | ||
| before some magistrate of the county where the arrest was made | ||
| without an order, or, to provide more expeditiously to the person | ||
| arrested the warnings described by Article 15.17 [ |
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| before a magistrate in any other county of this state. The | ||
| magistrate shall immediately perform the duties described in | ||
| Article 15.17 [ |
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| SECTION 2. Chapter 14, Code of Criminal Procedure, is | ||
| amended by adding Article 14.07 to read as follows: | ||
| Art. 14.07. DISPOSITION WITHOUT TAKING OFFENDER BEFORE | ||
| MAGISTRATE. (a) A peace officer may dispose of a case based on a | ||
| Class B misdemeanor without taking the alleged offender before a | ||
| magistrate if: | ||
| (1) the disposition is authorized by and is performed | ||
| in accordance with guidelines adopted by either: | ||
| (A) the district judges trying criminal cases in | ||
| each judicial district of the county in which the alleged offender | ||
| is arrested and the statutory county court judges trying criminal | ||
| cases in the county or counties served by the judicial districts; or | ||
| (B) the community justice council serving the | ||
| county in which the alleged offender is arrested; and | ||
| (2) the peace officer makes a written report of the | ||
| officer's disposition to the law enforcement agency employing the | ||
| officer, identifying the alleged offender and specifying the | ||
| grounds for the disposition. | ||
| (b) This article does not apply to a Class B misdemeanor | ||
| under: | ||
| (1) Section 22.01, 25.04, 37.12, 38.02, 42.01, 42.02, | ||
| 49.04, 49.05, 49.06, or 49.065, Penal Code; or | ||
| (2) Section 545.421, Transportation Code. | ||
| (c) Guidelines adopted under Subsection (a)(1) may allow a | ||
| peace officer to dispose of a case by: | ||
| (1) referring an alleged offender to a governmental | ||
| agency other than a court; | ||
| (2) referring an alleged offender to one or more | ||
| service providers on a list approved by the judges or the community | ||
| justice council that adopted the guidelines, such as a | ||
| community-based drug or mental health treatment program, a | ||
| faith-based organization, a neighborhood restorative justice | ||
| panel, or a homeless shelter; or | ||
| (3) issuing a warning. | ||
| (d) Guidelines adopted under Subsection (a)(1) may not | ||
| allow a law enforcement agency to: | ||
| (1) keep an alleged offender in custody; or | ||
| (2) require an alleged offender to report periodically | ||
| to a peace officer or a law enforcement agency or any other | ||
| governmental agency. | ||
| (e) Not later than January 31 of each year, a law | ||
| enforcement agency that is authorized to dispose of a case by | ||
| guidelines adopted under Subsection (a)(1) must report to the | ||
| judges or the community justice council that adopted the guidelines | ||
| the number and kind of dispositions made during the preceding | ||
| calendar year by the law enforcement agency and any other | ||
| information requested by the judges or council. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to an offense committed on or after the effective date of this Act. | ||
| An offense committed before the effective date of this Act 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 section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 4. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
