By: Ellis, Van de Putte S.B. No. 112
(In the Senate - Filed November 10, 2008; February 10, 2009,
read first time and referred to Committee on Criminal Justice;
April 17, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 17, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 112 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of veterans court programs in this
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 7, Health and Safety Code, is
amended by adding Chapter 617 to read as follows:
Sec. 617.001. VETERANS COURT PROGRAM DEFINED; PROCEDURES
FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans court
program" means a program that has the following essential
characteristics:
(1) the integration of services in the processing of
cases in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to a continuum of alcohol, controlled
substance, mental health, and other related treatment and
rehabilitative services;
(5) careful monitoring of treatment and services
provided to program participants;
(6) a coordinated strategy to govern program responses
to participants' compliance;
(7) ongoing judicial interaction with program
participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(10) development of partnerships with public agencies
and community organizations, including the United States
Department of Veterans Affairs.
(b) If a defendant successfully completes a veterans court
program after notice to the attorney representing the state and a
hearing in the veterans court at which that court determines that a
dismissal is in the best interest of justice, the court in which the
criminal case is pending shall dismiss the criminal action against
the defendant and enter an order of expunction under Chapter 55,
Code of Criminal Procedure, regardless of whether the defendant was
convicted of the offense for which the defendant entered the
program or whether the court deferred further proceedings without
entering an adjudication of guilt.
Sec. 617.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
(a) The commissioners court of a county may establish a veterans
court program for persons arrested for, charged with, or convicted
of any misdemeanor or felony offense. A defendant is eligible to
participate in a veterans court program established under this
chapter only if the attorney representing the state consents to the
defendant's participation in the program and if the court in which
the criminal case is pending finds that the defendant:
(1) is a veteran or current member of the United States
armed forces, including a member of the reserves, national guard,
or state guard; and
(2) suffers from a brain injury or mental illness
that:
(A) resulted from the defendant's military
service in a combat zone or other similar hazardous duty area; and
(B) materially affected the defendant's criminal
conduct at issue in the case.
(b) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to proceed through
the veterans court program or otherwise through the criminal
justice system.
(c) Proof of matters described by Subsection (a) may be
submitted to the court in which the criminal case is pending in any
form the court determines to be appropriate, including military
service and medical records, previous determinations of a
disability by a veteran's organization or by the United States
Department of Veterans Affairs, testimony or affidavits of other
veterans or service members, and prior determinations of
eligibility for benefits by any state or county veterans office.
The court's findings must accompany any docketed case.
Sec. 617.003. DUTIES OF VETERANS COURT. (a) A veterans
court program established under this chapter must:
(1) ensure a person eligible for the program is
provided legal counsel before volunteering to proceed through the
program and while participating in the program;
(2) allow a participant to withdraw from the program
at any time before a trial on the merits has been initiated;
(3) provide a participant with a court-ordered
individualized treatment plan indicating the services that will be
provided to the participant; and
(4) ensure that the jurisdiction of the veterans court
continues for a period of not less than six months but does not
continue beyond the period of community supervision for the offense
charged.
(b) A veterans court program established under this chapter
shall make, establish, and publish local procedures to ensure
maximum participation of eligible defendants in the county or
counties in which those defendants reside.
(c) This chapter does not prevent the initiation of
procedures under Chapter 46B, Code of Criminal Procedure.
Sec. 617.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties may elect to establish
a regional veterans court program under this chapter for the
participating counties.
Sec. 617.005. 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 veterans court programs established under this
chapter.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial or
accounting audit of a veterans court program established under this
chapter.
(c) A veterans court program established under this chapter
shall:
(1) notify the criminal justice division of the
governor's office before or on implementation of the program; and
(2) provide information regarding the performance of
the program to that division on request.
Sec. 617.006. FEES. (a) A veterans court program
established under this chapter may collect from a participant in
the program:
(1) a reasonable program fee not to exceed $1,000; and
(2) a testing, counseling, and treatment fee in an
amount necessary to cover the costs of any testing, counseling, or
treatment performed or provided under the program.
(b) Fees collected under this section 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
program. The fees must be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
Sec. 617.007. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
REQUIREMENT. (a) Notwithstanding Section 16, Article 42.12, Code
of Criminal Procedure, to encourage participation in a veterans
court program established under this chapter, the judge or
magistrate administering the program may suspend any requirement
that, as a condition of community supervision, a participant in the
program work a specified number of hours at a community service
project or projects.
(b) On a participant's successful completion of a veterans
court program, a judge or magistrate may excuse the participant
from any condition of community supervision previously suspended
under Subsection (a).
SECTION 2. Subsection (b), Article 55.01, 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 or charged, successfully completes a veterans
court program established under Chapter 617, Health and Safety
Code, if the court subsequently dismisses the criminal action
against the person under Section 617.001(b) of that chapter.
SECTION 3. This Act takes effect September 1, 2009.
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