Texas 2009 - 81st Regular

Texas House Bill HB2622 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10015 SJM-F
2	2	By: Gutierrez H.B. No. 2622
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment, operation, and funding of pretrial
8	8	victim-offender mediation programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 56, Code of Criminal Procedure, is
11	11	amended by adding Subchapter A-1 to read as follows:
12	12	SUBCHAPTER A-1. PRETRIAL VICTIM-OFFENDER MEDIATION PROGRAM
13	13	Art. 56.21. AUTHORITY TO ESTABLISH PROGRAM. The
14	14	commissioners court of a county or governing body of a municipality
15	15	may establish a pretrial victim-offender mediation program for
16	16	persons who:
17	17	(1) have been arrested for or charged with a
18	18	misdemeanor or state jail felony under Title 7, Penal Code; and
19	19	(2) have not previously been convicted of a felony or a
20	20	misdemeanor, other than a misdemeanor regulating traffic and
21	21	punishable by fine only.
22	22	Art. 56.22. PROGRAM. (a) A pretrial victim-offender
23	23	mediation program established under Article 56.21 must require:
24	24	(1) the attorney representing the state to identify
25	25	defendants who are eligible to participate in the program,
26	26	including whether the defendant meets any additional locally
27	27	developed eligibility criteria;
28	28	(2) the attorney representing the state to obtain the
29	29	consent of the victim and the defendant before an eligible
30	30	defendant may proceed with pretrial victim-offender mediation; and
31	31	(3) the defendant to enter into a binding mediation
32	32	agreement in accordance with Article 56.23 that:
33	33	(A) includes an apology by the defendant; and
34	34	(B) requires the defendant to:
35	35	(i) pay restitution to the victim; or
36	36	(ii) perform community service.
37	37	(b) All communications made in a pretrial victim-offender
38	38	mediation program are confidential and may not be introduced into
39	39	evidence except in a proceeding involving a question concerning the
40	40	meaning of a mediation agreement.
41	41	(c) A pretrial victim-offender mediation program may
42	42	require the staff and other resources of pretrial services
43	43	departments, community supervision correction districts, juvenile
44	44	probation departments, and juvenile boards to assist in monitoring
45	45	the defendant's compliance with a mediation agreement reached
46	46	through the program.
47	47	(d) Pretrial victim-offender mediations may be conducted by
48	48	any person designated by the court, other than the attorney
49	49	representing the state or an attorney representing the defendant in
50	50	the criminal action, regardless of whether the designated person is
51	51	a trained mediator.
52	52	(e) If a defendant enters a pretrial victim-offender
53	53	mediation program, the court, with the consent of the attorney
54	54	representing the state, may defer the proceedings without accepting
55	55	a plea of guilty or nolo contendere or entering an adjudication of
56	56	guilt.
57	57	(f) The case must be returned to the docket and proceed
58	58	through the regular criminal justice system if:
59	59	(1) a pretrial victim-offender mediation does not
60	60	result in a mediation agreement; or
61	61	(2) the defendant fails to successfully fulfill the
62	62	terms of the mediation agreement by the date specified in the
63	63	mediation agreement.
64	64	(g) The court shall dismiss the indictment or information
65	65	charging the defendant with the commission of the offense, if the
66	66	defendant:
67	67	(1) successfully completes the mediation agreement as
68	68	determined by the court; and
69	69	(2) either:
70	70	(A) pays all court costs; or
71	71	(B) enters a payment plan approved by the court
72	72	or the attorney representing the state for such payment.
73	73	(h) A determination by the court regarding whether the
74	74	mediation agreement has been successfully completed is final and
75	75	may not be appealed, although the attorney for the state or the
76	76	court may extend the period for compliance.
77	77	(i) If the defendant is not arrested or convicted of a
78	78	subsequent felony or misdemeanor other than a misdemeanor
79	79	regulating traffic and punishable by fine only on or before the
80	80	first anniversary of the date the defendant successfully completed
81	81	a mediation agreement under the pretrial victim-offender mediation
82	82	program, on the motion of the defendant, the court shall enter an
83	83	order of nondisclosure under Section 411.081, Government Code, as
84	84	if the defendant had received a discharge and dismissal under
85	85	Section 5(c), Article 42.12, with respect to all records and files
86	86	related to the defendant's arrest for the offense for which the
87	87	defendant entered the pretrial victim-offender mediation program.
88	88	Art. 56.23. MEDIATION AGREEMENT. (a) A mediation agreement
89	89	under this subchapter must be:
90	90	(1) signed by the defendant and the victim; and
91	91	(2) ratified by the attorney representing the state or
92	92	the court.
93	93	(b) A mediation agreement may require testing, counseling,
94	94	and treatment of the defendant to address alcohol abuse, abuse of
95	95	controlled substances, mental health, or anger management or any
96	96	other service that is reasonably related to the offense for which
97	97	the defendant was arrested or charged.
98	98	(c) A mediation agreement is not valid for more than one
99	99	year after the date on which the mediation agreement is ratified.
100	100	(d) A mediation agreement under this subchapter does not
101	101	constitute a plea or legal admission of responsibility.
102	102	Art. 56.24. OVERSIGHT. (a) The lieutenant governor and the
103	103	speaker of the house of representatives may assign to appropriate
104	104	legislative committees duties relating to the oversight of pretrial
105	105	victim-offender mediation programs established under this
106	106	subchapter.
107	107	(b) A legislative committee or the governor may request the
108	108	state auditor to perform a management, operations, or financial or
109	109	accounting audit of a pretrial victim-offender mediation program
110	110	established under this subchapter.
111	111	(c) A county or municipality that establishes a pretrial
112	112	victim-offender mediation program:
113	113	(1) shall notify the attorney general's office when
114	114	the county or municipality begins implementation of the program;
115	115	and
116	116	(2) may provide information regarding the performance
117	117	of the program to the attorney general's office on request.
118	118	Art. 56.25. FEES. (a) A pretrial victim-offender
119	119	mediation program established under this subchapter may collect
120	120	from a defendant in the program:
121	121	(1) a reasonable program fee not to exceed $500; and
122	122	(2) an alcohol or controlled substance testing,
123	123	counseling, and treatment fee in an amount necessary to cover the
124	124	costs of the testing, counseling, or treatment if such testing,
125	125	counseling, or treatment is required by the mediation agreement.
126	126	(b) Fees collected under this article may be paid on a
127	127	periodic basis or on a deferred payment schedule at the discretion
128	128	of the judge, magistrate, or program director administering the
129	129	pretrial victim-offender mediation program. The fees must be:
130	130	(1) based on the defendant's ability to pay; and
131	131	(2) used only for purposes specific to the program.
132	132	SECTION 2. Subchapter B, Chapter 103, Government Code, is
133	133	amended by adding Section 103.0217 to read as follows:
134	134	Sec. 103.0217. ADDITIONAL FEES IN CRIMINAL CASES: CODE OF
135	135	CRIMINAL PROCEDURE. A defendant who participates in a pretrial
136	136	victim-offender mediation program under Subchapter A-1, Chapter
137	137	56, Code of Criminal Procedure, may be required to pay a program fee
138	138	in an amount not to exceed $500 and the costs of certain testing,
139	139	counseling, and treatment.
140	140	SECTION 3. The change in law made by this Act in adding
141	141	Subchapter A-1, Chapter 56, Code of Criminal Procedure, applies to
142	142	a defendant who enters a pretrial victim-offender mediation program
143	143	under that subchapter regardless of whether the defendant committed
144	144	the offense for which the defendant enters the program before, on,
145	145	or after the effective date of this Act.
146	146	SECTION 4. This Act takes effect immediately if it receives
147	147	a vote of two-thirds of all the members elected to each house, as
148	148	provided by Section 39, Article III, Texas Constitution. If this
149	149	Act does not receive the vote necessary for immediate effect, this
150	150	Act takes effect September 1, 2009.