81R39061 SJM-F
By: McClendon H.C.R. No. 289
CONCURRENT RESOLUTION
WHEREAS, House Bill No. 2139 has been adopted by the house of
representatives and the senate and is being prepared for
enrollment; and
WHEREAS, The bill contains technical errors that should be
corrected; now, therefore, be it
RESOLVED, by the 81st Legislature of the State of Texas, That
the enrolling clerk of the house of representatives be instructed
to correct House Bill No. 2139 by adding the following text between
pages 2 and 4 of the conference committee report to include the text
from page 3 of the draft conference committee report that was
inadvertently omitted from the conference committee report that was
filed in the house and senate:
admit guilt or enter a plea of guilty or nolo contendere to enter
the program.
(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) If a case is returned to the docket under Subsection
(f), the defendant retains all of the rights that the defendant
possessed before entering the pretrial victim-offender mediation
program under this subchapter. Notwithstanding any other law, for
purposes of determining the duration and expiration of an
applicable statute of limitation under Chapter 12, the running of
the period of limitation is tolled while the defendant is enrolled
in a program under this subchapter.
(h) The court, on the motion of the attorney representing
the state, 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 attorney representing the state; 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.
(i) A determination by the court regarding whether the