80R7713 SLO-F

By: Escobar H.B. No. 1939

A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain peace officers to dispose of a case based on a Class B misdemeanor without taking the alleged offender before a magistrate.

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 provided by Subsection (b) 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 him taken without 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 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code.

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) guidelines for the disposition have been 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;

(2) the disposition is authorized under the guidelines adopted under Subdivision (1); and

(3) 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 committed under:

(1) Section 22.01, 25.04, 37.12, 38.02, 38.04, 42.01, 42.02, 49.04, 49.05, 49.06, or 49.065, Penal Code; or

(2) Section 545.421, Transportation Code.

(c) A disposition authorized under this article may allow a peace officer to:

(1) refer an alleged offender to a governmental agency other than a court;

(2) refer an alleged offender to one or more service providers on a list approved by the judges or the community justice council that adopted guidelines under Subsection (a)(1), 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) issue a warning.

(d) A disposition authorized under this article may not:

(1) allow a law enforcement agency to 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 December 31 of each calendar year, a law enforcement agency that is authorized to dispose of a case in the manner provided by this article must report to the judges or the community justice council that adopted guidelines under Subsection (a)(1) statistics indicating the number and kind of dispositions made during that year by the law enforcement agency under this article.

SECTION 3. The change in law made by this Act applies only to an offense committed on or after September 1, 2007. An offense committed before September 1, 2007, is governed by the law in effect when 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 September 1, 2007, if any element of the offense was committed before that date.

SECTION 4. This Act takes effect September 1, 2007.