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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain peace officers to dispose of a |
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case based on a Class B misdemeanor without taking the alleged |
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offender before a magistrate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b) or Article 14.07, |
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in each case enumerated in this Code, the person making the arrest |
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or the person having custody of the person arrested shall take the |
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person arrested or have him taken without unnecessary delay, but |
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not later than 48 hours after the person is arrested, before the |
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magistrate who may have ordered the arrest, before some magistrate |
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of the county where the arrest was made without an order, or, to |
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provide more expeditiously to the person arrested the warnings |
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described by Article 15.17 of this Code, before a magistrate in any |
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other county of this state. The magistrate shall immediately |
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perform the duties described in Article 15.17 of this Code. |
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SECTION 2. Chapter 14, Code of Criminal Procedure, is |
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amended by adding Article 14.07 to read as follows: |
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Art. 14.07. DISPOSITION WITHOUT TAKING OFFENDER BEFORE |
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MAGISTRATE. (a) A peace officer may dispose of a case based on a |
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Class B misdemeanor without taking the alleged offender before a |
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magistrate if: |
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(1) guidelines for the disposition have been adopted |
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by either: |
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(A) the district judges trying criminal cases in |
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each judicial district of the county in which the alleged offender |
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is arrested and the statutory county court judges trying criminal |
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cases in the county or counties served by the judicial districts; or |
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(B) the community justice council serving the |
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county in which the alleged offender is arrested; |
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(2) the disposition is authorized under the guidelines |
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adopted under Subdivision (1); and |
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(3) the peace officer makes a written report of the |
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officer's disposition to the law enforcement agency employing the |
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officer, identifying the alleged offender and specifying the |
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grounds for the disposition. |
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(b) This article does not apply to a Class B misdemeanor |
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committed under: |
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(1) Section 22.01, 25.04, 37.12, 38.02, 38.04, 42.01, |
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42.02, 49.04, 49.05, 49.06, or 49.065, Penal Code; or |
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(2) Section 545.421, Transportation Code. |
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(c) A disposition authorized under this article may allow a |
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peace officer to: |
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(1) refer an alleged offender to a governmental agency |
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other than a court; |
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(2) refer an alleged offender to one or more service |
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providers on a list approved by the judges or the community justice |
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council that adopted guidelines under Subsection (a)(1), such as a |
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community-based drug or mental health treatment program, a |
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faith-based organization, a neighborhood restorative justice |
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panel, or a homeless shelter; or |
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(3) issue a warning. |
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(d) A disposition authorized under this article may not: |
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(1) allow a law enforcement agency to keep an alleged |
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offender in custody; or |
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(2) require an alleged offender to report periodically |
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to a peace officer or a law enforcement agency or any other |
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governmental agency. |
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(e) Not later than December 31 of each calendar year, a law |
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enforcement agency that is authorized to dispose of a case in the |
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manner provided by this article must report to the judges or the |
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community justice council that adopted guidelines under Subsection |
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(a)(1) statistics indicating the number and kind of dispositions |
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made during that year by the law enforcement agency under this |
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article. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is governed by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before September 1, 2007, if any element of the |
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offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |