By: Ellis, et al. S.B. No. 112
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of veterans court programs in this
state and to pretrial intervention programs.
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, as authorized under Section 76.011, Government Code, 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.
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 or charged with 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, mental illness, or
mental disorder, including post-traumatic stress disorder, 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.
SECTION 2. Subsection (a), Article 55.01, Code of Criminal
Procedure, is amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c) of this section; or
(B) convicted and subsequently pardoned; or
(2) each of the following conditions exist:
(A) an indictment or information charging the
person with commission of a felony has not been presented against
the person for an offense arising out of the transaction for which
the person was arrested or, if an indictment or information
charging the person with commission of a felony was presented, the
indictment or information has been dismissed or quashed, and:
(i) the limitations period expired before
the date on which a petition for expunction was filed under Article
55.02; or
(ii) the court finds that the indictment or
information was dismissed or quashed because the person completed a
pretrial intervention program authorized under Section 76.011,
Government Code, or because the presentment had been made because
of mistake, false information, or other similar reason indicating
absence of probable cause at the time of the dismissal to believe
the person committed the offense or because it was void;
(B) the person has been released and the charge,
if any, has not resulted in a final conviction and is no longer
pending and there was no court ordered community supervision under
Article 42.12 for any offense other than a Class C misdemeanor; and
(C) the person has not been convicted of a felony
in the five years preceding the date of the arrest.
SECTION 3. This Act takes effect September 1, 2009.