| 1 | 1 | | 81R39061 SJM-F |
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| 2 | 2 | | By: McClendon H.C.R. No. 289 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | CONCURRENT RESOLUTION |
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| 6 | 6 | | WHEREAS, House Bill No. 2139 has been adopted by the house of |
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| 7 | 7 | | representatives and the senate and is being prepared for |
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| 8 | 8 | | enrollment; and |
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| 9 | 9 | | WHEREAS, The bill contains technical errors that should be |
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| 10 | 10 | | corrected; now, therefore, be it |
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| 11 | 11 | | RESOLVED, by the 81st Legislature of the State of Texas, That |
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| 12 | 12 | | the enrolling clerk of the house of representatives be instructed |
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| 13 | 13 | | to correct House Bill No. 2139 by adding the following text between |
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| 14 | 14 | | pages 2 and 4 of the conference committee report to include the text |
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| 15 | 15 | | from page 3 of the draft conference committee report that was |
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| 16 | 16 | | inadvertently omitted from the conference committee report that was |
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| 17 | 17 | | filed in the house and senate: |
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| 18 | 18 | | admit guilt or enter a plea of guilty or nolo contendere to enter |
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| 19 | 19 | | the program. |
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| 20 | 20 | | (f) The case must be returned to the docket and proceed |
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| 21 | 21 | | through the regular criminal justice system if: |
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| 22 | 22 | | (1) a pretrial victim-offender mediation does not |
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| 23 | 23 | | result in a mediation agreement; or |
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| 24 | 24 | | (2) the defendant fails to successfully fulfill the |
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| 25 | 25 | | terms of the mediation agreement by the date specified in the |
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| 26 | 26 | | mediation agreement. |
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| 27 | 27 | | (g) If a case is returned to the docket under Subsection |
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| 28 | 28 | | (f), the defendant retains all of the rights that the defendant |
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| 29 | 29 | | possessed before entering the pretrial victim-offender mediation |
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| 30 | 30 | | program under this subchapter. Notwithstanding any other law, for |
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| 31 | 31 | | purposes of determining the duration and expiration of an |
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| 32 | 32 | | applicable statute of limitation under Chapter 12, the running of |
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| 33 | 33 | | the period of limitation is tolled while the defendant is enrolled |
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| 34 | 34 | | in a program under this subchapter. |
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| 35 | 35 | | (h) The court, on the motion of the attorney representing |
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| 36 | 36 | | the state, shall dismiss the indictment or information charging the |
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| 37 | 37 | | defendant with the commission of the offense, if the defendant: |
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| 38 | 38 | | (1) successfully completes the mediation agreement as |
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| 39 | 39 | | determined by the attorney representing the state; and |
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| 40 | 40 | | (2) either: |
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| 41 | 41 | | (A) pays all court costs; or |
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| 42 | 42 | | (B) enters a payment plan approved by the court |
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| 43 | 43 | | or the attorney representing the state for such payment. |
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| 44 | 44 | | (i) A determination by the court regarding whether the |
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