81R1672 KEL-D
By: Ellis S.B. No. 112
A BILL TO BE ENTITLED
AN ACT
relating to deferred prosecution programs for certain military
service members and veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 32, Code of Criminal Procedure, is
amended by adding Article 32.03 to read as follows:
Art. 32.03. DEFERRED PROSECUTION PROGRAMS FOR MILITARY
SERVICE MEMBERS OR VETERANS. (a) For purposes of this article,
"military service member or veteran" means an individual who is
serving or has served in the army, navy, air force, marine corps, or
coast guard of the United States or in an auxiliary service of one
of those branches of the armed forces.
(b) The judges of the county courts, statutory county
courts, and district courts trying criminal cases in each county,
by local rule, shall establish and publish written countywide
eligibility requirements and guidelines for implementation of a
deferred prosecution program for military service members or
veterans who demonstrate that their criminal conduct was materially
affected by brain injuries or mental illnesses, including
post-traumatic stress disorder, resulting from military service in
a combat zone or other similar hazardous duty area. The court may:
(1) allow participation in the program by eligible
defendants in misdemeanor or felony cases only as the court
considers appropriate; and
(2) on its own motion, dismiss a criminal action
against a defendant on the defendant's successful completion of the
conditions imposed by the court under the program.
(c) The local rules for a program established under this
article must require a qualified military or veterans organization
to:
(1) promptly review the defendant's military record to
determine the types of assignments in which the defendant served
and evaluate a defendant's eligibility to participate in the
program; and
(2) prepare and submit to the court in a timely manner
a report that:
(A) confirms whether the defendant is a military
service member or veteran;
(B) determines whether the defendant suffers
from a brain injury or mental illness that resulted from the
defendant's military service in a combat zone or other similar
hazardous duty area; and
(C) recommends any available treatment options
to address the defendant's brain injury or mental illness.
(d) The attorney representing the state and the attorney
representing the defendant are each entitled to obtain independent
evaluations of the defendant's eligibility to participate in the
deferred prosecution program. The results of an independent
evaluation must be reported to the court.
(e) The court shall consider the report prepared under
Subsection (c) and any independent evaluations conducted under
Subsection (d) in determining whether to allow a defendant to
participate in the deferred prosecution program. The court shall
require the defendant, as a condition of participating in the
program, to pursue any available treatment option recommended in
the report.
SECTION 2. Article 55.01(b), Code of Criminal Procedure, is
amended to read as follows:
(b) Except as provided by Subsection (c) of this section, a
district court may expunge all records and files relating to the
arrest of a person who has been arrested for commission of a felony
or misdemeanor under the procedure established under Article 55.02
of this code if the person [is]:
(1) is tried for the offense for which the person was
arrested, [;
[(2)] convicted of the offense,[;] and
[(3)] acquitted by the court of criminal appeals; or
(2) in connection with the offense for which the
person was arrested, successfully completes a deferred prosecution
program established under Article 32.03, if the judge subsequently
dismisses the criminal action against the person under Subsection
(b)(2) of that article.
SECTION 3. The judges of the county courts, statutory
county courts, and district courts trying criminal cases in each
county shall establish the deferred prosecution program required by
Article 32.03, Code of Criminal Procedure, as added by this Act, not
later than September 1, 2010.
SECTION 4. This Act takes effect September 1, 2009.