Bill Text: TX HB2436 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the establishment of a community pretrial review panel by each county for the resolution and diversion of certain misdemeanor cases out of the criminal justice system.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-19 - Left pending in committee [HB2436 Detail]
Download: Texas-2021-HB2436-Introduced.html
| 87R1419 TSS-D | ||
| By: Davis | H.B. No. 2436 | |
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| relating to the establishment of a community pretrial review panel | ||
| by each county for the resolution and diversion of certain | ||
| misdemeanor cases out of the criminal justice system. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.026 to read as follows: | ||
| Art. 2.026. DUTY OF PROSECUTING ATTORNEY TO REFER CERTAIN | ||
| CASES TO COMMUNITY PRETRIAL REVIEW PANEL. (a) This article applies | ||
| only to a criminal case for: | ||
| (1) an offense punishable by fine only; or | ||
| (2) a Class B misdemeanor under: | ||
| (A) Section 481.121, Health and Safety Code; | ||
| (B) Section 481.1161, Health and Safety Code; | ||
| (C) Section 28.03, Penal Code; | ||
| (D) Section 28.08, Penal Code; | ||
| (E) Section 31.03, Penal Code, if the offense is | ||
| punishable under Subsection (e)(2)(A) of that section; | ||
| (F) Section 31.04, Penal Code; | ||
| (G) Section 38.114, Penal Code; or | ||
| (H) Section 521.457, Transportation Code. | ||
| (b) Except as provided by Subsection (c), a prosecuting | ||
| attorney, before offering a plea agreement in a case described by | ||
| Subsection (a), may refer the case and all relevant evidence in the | ||
| possession of the state for review by the community pretrial review | ||
| panel established under Subchapter J, Chapter 351, Local Government | ||
| Code, for the county in which the case is to be tried. | ||
| (c) A case is not eligible for referral to a community | ||
| pretrial review panel if: | ||
| (1) the defendant has been previously convicted of two | ||
| or more offenses; or | ||
| (2) the defendant has had two cases previously | ||
| referred to a community pretrial review panel. | ||
| (d) If a prosecuting attorney does not refer an eligible | ||
| case to the applicable community pretrial review panel, the | ||
| prosecuting attorney shall provide the panel with the attorney's | ||
| reasons for not referring the case. | ||
| (e) If a prosecuting attorney does not follow the | ||
| recommendation as to the resolution of the case made by a community | ||
| pretrial review panel under Section 351.256(5), Local Government | ||
| Code, the prosecuting attorney shall provide the panel with the | ||
| attorney's reasons for not following the recommendation. | ||
| SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
| amended by adding Section 411.0892 to read as follows: | ||
| Sec. 411.0892. ACCESS TO CRIMINAL HISTORY RECORD | ||
| INFORMATION: COMMUNITY PRETRIAL REVIEW PANELS. (a) A community | ||
| pretrial review panel established under Subchapter J, Chapter 351, | ||
| Local Government Code, is entitled to obtain from the department | ||
| any criminal history record information maintained by the | ||
| department about a defendant or witness in a case referred to the | ||
| panel. | ||
| (b) Criminal history record information obtained by a | ||
| community pretrial review panel may be used only for a purpose | ||
| authorized by Subchapter J, Chapter 351, Local Government Code. | ||
| SECTION 3. Chapter 351, Local Government Code, is amended | ||
| by adding Subchapter J to read as follows: | ||
| SUBCHAPTER J. COMMUNITY PRETRIAL REVIEW PANELS | ||
| Sec. 351.251. DEFINITION. In this subchapter, "panel" | ||
| means a community pretrial review panel established under Section | ||
| 351.252. | ||
| Sec. 351.252. ESTABLISHMENT OF PANEL. Each county | ||
| commissioners court shall establish a panel for the resolution and | ||
| diversion of cases described by Article 2.026, Code of Criminal | ||
| Procedure, out of the criminal justice system. | ||
| Sec. 351.253. COMPOSITION. (a) Each panel is composed of | ||
| the following six members: | ||
| (1) one member appointed by the county commissioners | ||
| court, who serves as the presiding officer of the panel; | ||
| (2) one member appointed by the county judge; and | ||
| (3) one member appointed by each county commissioner. | ||
| (b) Each member of the panel must be qualified to serve as a | ||
| juror under Section 62.102, Government Code. | ||
| (c) The member appointed under Subsection (a)(1) must: | ||
| (1) have previously served as a justice of the peace; | ||
| or | ||
| (2) be an attorney licensed in this state. | ||
| Sec. 351.254. TERMS; VACANCY. (a) Panel members serve | ||
| four-year terms. | ||
| (b) If a vacancy occurs on a panel, the appropriate | ||
| appointing authority shall appoint a successor in the same manner | ||
| as the original appointment to serve for the remainder of the | ||
| unexpired term. | ||
| Sec. 351.255. COMPENSATION; REIMBURSEMENT. Panel members | ||
| serve without compensation and are not entitled to reimbursement | ||
| for travel or other expenses. | ||
| Sec. 351.256. POWERS AND DUTIES. For each case referred to | ||
| a panel under Article 2.026, Code of Criminal Procedure, the panel | ||
| shall: | ||
| (1) review the charging instrument and the defendant's | ||
| relevant criminal history; | ||
| (2) inspect available witness statements, offense | ||
| reports, citations, probable cause affidavits, and other relevant | ||
| evidence; | ||
| (3) consult with the prosecuting attorney and defense | ||
| counsel; | ||
| (4) consider the root causes of the defendant's | ||
| conduct; | ||
| (5) recommend to the prosecuting attorney a just and | ||
| rehabilitative plea agreement that resolves the case in a manner | ||
| that avoids confinement in jail or a final conviction for the | ||
| defendant; and | ||
| (6) monitor the defendant's compliance with any | ||
| release or dismissal conditions not otherwise monitored by a | ||
| community supervision and corrections department or a department, | ||
| division, or program responsible for pretrial diversion. | ||
| Sec. 351.257. REFERRAL FOR TRIAL. If a defendant or defense | ||
| counsel refuses to cooperate with the panel or declines the | ||
| agreement recommended by the panel, the panel may refer the case | ||
| back to the prosecuting attorney for continued plea negotiation or | ||
| trial. | ||
| Sec. 351.258. CONFIDENTIALITY. All evidence, records, or | ||
| other material collected or created by a panel is confidential and | ||
| is not subject to disclosure under Chapter 552, Government Code. | ||
| SECTION 4. (a) Not later than December 1, 2021, the | ||
| commissioners court of each county shall establish a community | ||
| pretrial review panel and the appropriate appointing authorities | ||
| shall appoint members to the panel as required by Subchapter J, | ||
| Chapter 351, Local Government Code, as added by this Act. | ||
| (b) Article 2.026, Code of Criminal Procedure, as added by | ||
| this Act, applies only to an offense committed on or after January | ||
| 1, 2022. An offense committed before January 1, 2022, 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 subsection, an offense was committed before January 1, 2022, | ||
| if any element of the offense occurred before that date. | ||
| SECTION 5. This Act takes effect September 1, 2021. | ||
