81R10015 SJM-F
By: Gutierrez H.B. No. 2622
A BILL TO BE ENTITLED
AN ACT
relating to the establishment, operation, and funding of pretrial
victim-offender mediation programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 56, Code of Criminal Procedure, is
amended by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. PRETRIAL VICTIM-OFFENDER MEDIATION PROGRAM
Art. 56.21. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county or governing body of a municipality
may establish a pretrial victim-offender mediation program for
persons who:
(1) have been arrested for or charged with a
misdemeanor or state jail felony under Title 7, Penal Code; and
(2) have not previously been convicted of a felony or a
misdemeanor, other than a misdemeanor regulating traffic and
punishable by fine only.
Art. 56.22. PROGRAM. (a) A pretrial victim-offender
mediation program established under Article 56.21 must require:
(1) the attorney representing the state to identify
defendants who are eligible to participate in the program,
including whether the defendant meets any additional locally
developed eligibility criteria;
(2) the attorney representing the state to obtain the
consent of the victim and the defendant before an eligible
defendant may proceed with pretrial victim-offender mediation; and
(3) the defendant to enter into a binding mediation
agreement in accordance with Article 56.23 that:
(A) includes an apology by the defendant; and
(B) requires the defendant to:
(i) pay restitution to the victim; or
(ii) perform community service.
(b) All communications made in a pretrial victim-offender
mediation program are confidential and may not be introduced into
evidence except in a proceeding involving a question concerning the
meaning of a mediation agreement.
(c) A pretrial victim-offender mediation program may
require the staff and other resources of pretrial services
departments, community supervision correction districts, juvenile
probation departments, and juvenile boards to assist in monitoring
the defendant's compliance with a mediation agreement reached
through the program.
(d) Pretrial victim-offender mediations may be conducted by
any person designated by the court, other than the attorney
representing the state or an attorney representing the defendant in
the criminal action, regardless of whether the designated person is
a trained mediator.
(e) If a defendant enters a pretrial victim-offender
mediation program, the court, with the consent of the attorney
representing the state, may defer the proceedings without accepting
a plea of guilty or nolo contendere or entering an adjudication of
guilt.
(f) The case must be returned to the docket and proceed
through the regular criminal justice system if:
(1) a pretrial victim-offender mediation does not
result in a mediation agreement; or
(2) the defendant fails to successfully fulfill the
terms of the mediation agreement by the date specified in the
mediation agreement.
(g) The court shall dismiss the indictment or information
charging the defendant with the commission of the offense, if the
defendant:
(1) successfully completes the mediation agreement as
determined by the court; and
(2) either:
(A) pays all court costs; or
(B) enters a payment plan approved by the court
or the attorney representing the state for such payment.
(h) A determination by the court regarding whether the
mediation agreement has been successfully completed is final and
may not be appealed, although the attorney for the state or the
court may extend the period for compliance.
(i) If the defendant is not arrested or convicted of a
subsequent felony or misdemeanor other than a misdemeanor
regulating traffic and punishable by fine only on or before the
first anniversary of the date the defendant successfully completed
a mediation agreement under the pretrial victim-offender mediation
program, on the motion of the defendant, the court shall enter an
order of nondisclosure under Section 411.081, Government Code, as
if the defendant had received a discharge and dismissal under
Section 5(c), Article 42.12, with respect to all records and files
related to the defendant's arrest for the offense for which the
defendant entered the pretrial victim-offender mediation program.
Art. 56.23. MEDIATION AGREEMENT. (a) A mediation agreement
under this subchapter must be:
(1) signed by the defendant and the victim; and
(2) ratified by the attorney representing the state or
the court.
(b) A mediation agreement may require testing, counseling,
and treatment of the defendant to address alcohol abuse, abuse of
controlled substances, mental health, or anger management or any
other service that is reasonably related to the offense for which
the defendant was arrested or charged.
(c) A mediation agreement is not valid for more than one
year after the date on which the mediation agreement is ratified.
(d) A mediation agreement under this subchapter does not
constitute a plea or legal admission of responsibility.
Art. 56.24. OVERSIGHT. (a) The lieutenant governor and the
speaker of the house of representatives may assign to appropriate
legislative committees duties relating to the oversight of pretrial
victim-offender mediation programs established under this
subchapter.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial or
accounting audit of a pretrial victim-offender mediation program
established under this subchapter.
(c) A county or municipality that establishes a pretrial
victim-offender mediation program:
(1) shall notify the attorney general's office when
the county or municipality begins implementation of the program;
and
(2) may provide information regarding the performance
of the program to the attorney general's office on request.
Art. 56.25. FEES. (a) A pretrial victim-offender
mediation program established under this subchapter may collect
from a defendant in the program:
(1) a reasonable program fee not to exceed $500; and
(2) an alcohol or controlled substance testing,
counseling, and treatment fee in an amount necessary to cover the
costs of the testing, counseling, or treatment if such testing,
counseling, or treatment is required by the mediation agreement.
(b) Fees collected under this article may be paid on a
periodic basis or on a deferred payment schedule at the discretion
of the judge, magistrate, or program director administering the
pretrial victim-offender mediation program. The fees must be:
(1) based on the defendant's ability to pay; and
(2) used only for purposes specific to the program.
SECTION 2. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.0217 to read as follows:
Sec. 103.0217. ADDITIONAL FEES IN CRIMINAL CASES: CODE OF
CRIMINAL PROCEDURE. A defendant who participates in a pretrial
victim-offender mediation program under Subchapter A-1, Chapter
56, Code of Criminal Procedure, may be required to pay a program fee
in an amount not to exceed $500 and the costs of certain testing,
counseling, and treatment.
SECTION 3. The change in law made by this Act in adding
Subchapter A-1, Chapter 56, Code of Criminal Procedure, applies to
a defendant who enters a pretrial victim-offender mediation program
under that subchapter regardless of whether the defendant committed
the offense for which the defendant enters the program before, on,
or after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.