85R8435 MAW-F
  By: Gervin-Hawkins H.B. No. 3515
  relating to the disposition by a peace officer of certain Class B
         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 [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:
  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
               (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 September 1, 2017.