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