81R9942 SJM-D
By: Hinojosa S.B. No. 1682
A BILL TO BE ENTITLED
AN ACT
relating to periodic court approval of participation by a criminal
defendant in a pretrial intervention program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.121 to read as follows:
Art. 42.121. PARTICIPATION IN PRETRIAL INTERVENTION
PROGRAM. (a) A prosecuting attorney must obtain the approval of the
court in which the defendant's case is pending before enrolling the
defendant in a pretrial intervention program under Section 76.011,
Government Code.
(b) The court must approve a defendant's continued
participation in a pretrial intervention program not later than the
60th day after the later of the date the court:
(1) approved the defendant's initial enrollment in the
program; or
(2) last approved the defendant's continued
participation in the program.
(c) Before approving a defendant's continued participation
in a pretrial intervention program, the court must obtain from the
prosecuting attorney information regarding:
(1) any agreement made between the prosecuting
attorney and the defendant;
(2) the defendant's progress in complying with
conditions imposed under the agreement; and
(3) the prosecuting attorney's opinion of the
likelihood that the defendant will successfully complete the
conditions imposed by the agreement.
SECTION 2. Article 42.121, Code of Criminal Procedure, as
added by this Act, applies only to a defendant whose criminal
prosecution is pending on the effective date of this Act and who has
not enrolled in a pretrial intervention program established under
Section 76.011, Government Code, before that date. A defendant who
is enrolled in a pretrial intervention program on the effective
date of this Act is governed by the law in effect at the time the
defendant enrolled in the program, except that the defendant is
subject to court approval of the defendant's continued
participation in the program as provided by Articles 42.121(b) and
(c), Code of Criminal Procedure, as added by this Act.
SECTION 3. This Act takes effect September 1, 2009.