82R9164 SJM-F
By: Allen H.B. No. 2065
A BILL TO BE ENTITLED
AN ACT
relating to the establishment, operation, and funding of
victim-offender mediation programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 56, Code of Criminal Procedure, is
amended by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. PRETRIAL VICTIM-OFFENDER MEDIATION PROGRAM
Art. 56.21. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county or governing body of a municipality
may establish a pretrial victim-offender mediation program for
persons who:
(1) have been arrested for or charged with a
misdemeanor or state jail felony under Title 7, Penal Code; and
(2) have not previously been convicted of a felony or a
misdemeanor, other than a misdemeanor regulating traffic and
punishable by fine only.
Art. 56.22. PROGRAM. (a) A pretrial victim-offender
mediation program established under Article 56.21 must require:
(1) the identification of defendants who are eligible
to participate in the program, including a consideration of whether
the defendant meets any additional locally developed eligibility
criteria;
(2) the consent of the victim and the defendant to be
obtained before an eligible defendant may proceed with pretrial
victim-offender mediation; and
(3) the defendant to enter into a binding mediation
agreement in accordance with Article 56.23 that:
(A) includes an apology by the defendant; and
(B) requires the defendant to:
(i) pay restitution to the victim; or
(ii) perform community service.
(b) All communications made in a pretrial victim-offender
mediation program are confidential and may not be introduced into
evidence except in a proceeding involving a question concerning the
meaning of a mediation agreement.
(c) A pretrial victim-offender mediation program may
require the staff and other resources of pretrial services
departments and community supervision correction departments to
assist in monitoring the defendant's compliance with a mediation
agreement reached through the program.
(d) Pretrial victim-offender mediations may be conducted by
any person designated by the court, other than the attorney
representing the state or an attorney representing the defendant in
the criminal action, regardless of whether the designated person is
a trained mediator.
(e) If a defendant enters a pretrial victim-offender
mediation program, the court, with the consent of the attorney
representing the state, may defer the proceedings without accepting
a plea of guilty or nolo contendere or entering an adjudication of
guilt.
(f) The case must be returned to the docket and proceed
through the regular criminal justice system if:
(1) a pretrial victim-offender mediation does not
result in a mediation agreement; or
(2) the defendant fails to successfully fulfill the
terms of the mediation agreement by the date specified in the
mediation agreement.
(g) If a case is returned to the docket under Subsection
(f), the defendant retains all of the rights that the defendant
possessed before entering the pretrial victim-offender mediation
program under this subchapter.
(h) The court, on the motion of the attorney representing
the state, shall dismiss the indictment or information charging the
defendant with the commission of the offense, if the defendant:
(1) successfully completes the mediation agreement as
determined by the attorney representing the state; and
(2) either:
(A) pays all court costs; or
(B) enters a payment plan approved by the court
or the attorney representing the state for such payment.
(i) A determination by the court regarding whether the
mediation agreement has been successfully completed is final and
may not be appealed, although the attorney for the state or the
court may extend the period for compliance.
(j) If the defendant is not arrested or convicted of a
subsequent felony or misdemeanor other than a misdemeanor
regulating traffic and punishable by fine only on or before the
first anniversary of the date the defendant successfully completed
a mediation agreement under this subchapter, on the motion of the
defendant, the court shall enter an order of nondisclosure under
Section 411.081, Government Code, as if the defendant had received
a discharge and dismissal under Section 5(c), Article 42.12, with
respect to all records and files related to the defendant's arrest
for the offense for which the defendant entered the pretrial
victim-offender mediation program.
Art. 56.23. MEDIATION AGREEMENT. (a) A mediation agreement
under this subchapter must be:
(1) signed by the defendant and the victim; and
(2) ratified by the attorney representing the state in
a request for a court order documenting and approving the mediation
agreement.
(b) A mediation agreement may require testing, counseling,
and treatment of the defendant to address alcohol abuse, abuse of
controlled substances, mental health, or anger management or any
other service that is reasonably related to the offense for which
the defendant was arrested or charged.
(c) A mediation agreement is not valid for more than one
year after the date on which the mediation agreement is ratified
unless the court and the attorney representing the state approve
the extension of the agreement.
(d) A mediation agreement under this subchapter does not
constitute a plea or legal admission of responsibility.
Art. 56.24. 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 pretrial
victim-offender mediation programs established under this
subchapter.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial or
accounting audit of a pretrial victim-offender mediation program
established under this subchapter.
(c) A county or municipality that establishes a pretrial
victim-offender mediation program:
(1) shall notify the attorney general's office when
the county or municipality begins implementation of the program;
(2) may provide information regarding the performance
of the program to the attorney general's office on request; and
(3) may apply for funds for the program in accordance
with Article 102.0179(g).
Art. 56.25. FEES. (a) A pretrial victim-offender
mediation program established under this subchapter may collect
from a defendant in the program:
(1) a reasonable program fee not to exceed $500; and
(2) an alcohol or controlled substance testing,
counseling, and treatment fee in an amount necessary to cover the
costs of the testing, counseling, or treatment if such testing,
counseling, or treatment is required by the mediation agreement.
(b) Fees collected under this article 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
pretrial victim-offender mediation program. The fees must be:
(1) based on the defendant's ability to pay; and
(2) used only for purposes specific to the program.
SECTION 2. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0179 to read as
follows:
Art. 102.0179. COSTS ATTENDANT TO CERTAIN NONVIOLENT
CONVICTIONS INVOLVING PROPERTY. (a) In addition to other costs on
conviction imposed by this chapter, a person shall pay $15 as a
court cost on conviction of a felony or misdemeanor under Title 7,
Penal Code.
(b) For purposes of this article, a person is considered to
have been convicted if:
(1) a sentence is imposed;
(2) the defendant receives community supervision or
deferred adjudication; or
(3) the court defers final disposition of the case.
(c) Court costs under this article are collected in the same
manner as other fines or costs. An officer collecting the costs
shall keep separate records of the funds collected as costs under
this article and shall deposit the funds in the county or municipal
treasury, as appropriate.
(d) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) except as provided by Subsection (e), send to the
comptroller before the last day of the first month following each
calendar quarter the funds collected under this article during the
preceding quarter.
(e) A county or municipality is entitled to:
(1) if the county or municipality has established a
pretrial victim-offender mediation program, retain 40 percent of
the funds collected under this article by an officer of the county
or municipality, to be used exclusively for the maintenance of a
pretrial victim-offender mediation program operated in the county
or municipality; and
(2) if the custodian of the county or municipal
treasury complies with Subsection (d), retain as a collection fee
10 percent of an amount equal to the difference between:
(A) the amount of funds collected under this
article by an officer of the county or municipality; and
(B) any amount the county or municipality is
entitled to retain under Subdivision (1).
(f) If no funds due as costs under this article are
deposited in a county or municipal treasury in a calendar quarter,
the custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no funds were
collected.
(g) The comptroller shall deposit the funds received under
this article to the credit of the pretrial victim-offender
mediation program account in the general revenue fund to help fund
pretrial victim-offender mediation programs established under
Subchapter A-1, Chapter 56. The legislature shall appropriate
money from the account solely to the attorney general's office for
distribution to pretrial victim-offender mediation programs that
apply for the money.
(h) Funds collected under this article are subject to audit
by the comptroller.
SECTION 3. Subchapter B, Chapter 102, Government Code, is
amended by adding Section 102.0216 to read as follows:
Sec. 102.0216. ADDITIONAL COURT COSTS ON CONVICTION: CODE
OF CRIMINAL PROCEDURE. A person convicted of an offense under Title
7, Penal Code, shall pay a cost on conviction, in addition to all
other costs, to help fund pretrial victim-offender mediation
programs established under Subchapter A-1, Chapter 56, Code of
Criminal Procedure (Art. 102.0179, Code of Criminal
Procedure) . . . $15.
SECTION 4. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.0217 to read as follows:
Sec. 103.0217. ADDITIONAL FEES IN CRIMINAL CASES: CODE OF
CRIMINAL PROCEDURE. A defendant who participates in a pretrial
victim-offender mediation program under Subchapter A-1, Chapter
56, Code of Criminal Procedure, may be required to pay a program fee
in an amount not to exceed $500 and the costs of certain testing,
counseling, and treatment.
SECTION 5. Title 3, Family Code, is amended by adding
Chapter 62 to read as follows:
CHAPTER 62. JUVENILE VICTIM-OFFENDER MEDIATION PILOT PROGRAM
Sec. 62.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Juvenile Probation
Commission.
(2) "Department" means a local juvenile probation
department.
(3) "Program" means the juvenile victim-offender
mediation pilot program created under this chapter.
Sec. 62.002. APPLICABILITY OF CHAPTER. This chapter
applies only to a department located in a county:
(1) with a population of more than one million; and
(2) in which more than 75 percent of the population
resides in a single municipality.
Sec. 62.003. ESTABLISHMENT AND IMPLEMENTATION OF PILOT
PROGRAM. (a) The commission shall establish a juvenile
victim-offender mediation pilot program for children to be
implemented by a department with funds appropriated for that
purpose.
(b) In implementing the program, the commission shall
require a department to:
(1) establish a resource network on the subject of
victim-offender mediation that includes representatives from the
department, the local dispute resolution center, the juvenile
courts, the district attorney's office, and the local juvenile
defense bar association;
(2) develop the program consistent with best practices
identified by the commission; and
(3) identify outcome measures that may be used to
measure the effectiveness of the program.
Sec. 62.004. REPORT. Not later than December 1, 2012, each
department shall submit a report to the commission regarding the
program. The report must include:
(1) a comprehensive analysis of the effectiveness of
the program; and
(2) the department's findings and recommendations
regarding continuation or expansion of the program.
Sec. 62.005. PROGRAM FUNDING. The commission shall provide
sufficient funds to each department for the program and report, if
funds are appropriated for purposes of this chapter.
Sec. 62.006. EXPIRATION. This chapter expires September 2,
2013.
SECTION 6. (a) The change in law made by this Act in adding
Subchapter A-1, Chapter 56, Code of Criminal Procedure, applies to
a defendant who enters a pretrial victim-offender mediation program
under that subchapter regardless of whether the defendant committed
the offense for which the defendant enters the program before, on,
or after the effective date of this Act.
(b) The change in law made by this Act in adding Article
102.0179, Code of Criminal Procedure, and Section 102.0216,
Government Code, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this subsection, an offense was
committed before the effective date of this Act if any element of
the offense was committed before that date.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.