Texas 2013 - 83rd Regular

Texas House Bill HB3632 Compare Versions

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1	1	83R21594 GCB-D
2	2	By: Canales H.B. No. 3632
3	3	Substitute the following for H.B. No. 3632:
4	4	By: Herrero C.S.H.B. No. 3632
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an alcohol awareness program or drug education program
10	10	for certain minors convicted of or adjudicated to have engaged in,
11	11	or placed on deferred disposition or community supervision for,
12	12	certain drug or alcohol related offenses; authorizing a fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 11, Article 42.12, Code of Criminal
15	15	Procedure, is amended by adding Subsection (n) to read as follows:
16	16	(n)(1) If a judge grants community supervision to a
17	17	defendant younger than 18 years of age convicted of an
18	18	alcohol-related offense under Section 106.02, 106.025, 106.04,
19	19	106.05, or 106.07, Alcoholic Beverage Code, or Section 49.02, Penal
20	20	Code, or an offense involving possession of a controlled substance
21	21	or marihuana under Section 481.115, 481.1151, 481.116, 481.1161,
22	22	481.117, 481.118, or 481.121, Health and Safety Code, the judge may
23	23	require the defendant as a condition of community supervision to
24	24	attend, as appropriate, an alcohol awareness program approved under
25	25	Section 106.115, Alcoholic Beverage Code, or a drug education
26	26	program that is designed to educate persons on the dangers of drug
27	27	abuse and is approved by the Department of State Health Services in
28	28	accordance with Section 521.374, Transportation Code.
29	29	(2) If a judge requires a defendant as a condition of
30	30	community supervision to attend an alcohol awareness program or
31	31	drug education program described by Subdivision (1), unless the
32	32	judge determines that the defendant is indigent and unable to pay
33	33	the cost, the judge shall require the defendant to pay the cost of
34	34	attending the program. The judge may allow the defendant to pay the
35	35	cost of attending the program in installments during the term of
36	36	community supervision.
37	37	SECTION 2. Article 45.051, Code of Criminal Procedure, is
38	38	amended by amending Subsection (b) and adding Subsection (g) to
39	39	read as follows:
40	40	(b) During the deferral period, the judge may require the
41	41	defendant to:
42	42	(1) post a bond in the amount of the fine assessed to
43	43	secure payment of the fine;
44	44	(2) pay restitution to the victim of the offense in an
45	45	amount not to exceed the fine assessed;
46	46	(3) submit to professional counseling;
47	47	(4) submit to diagnostic testing for alcohol or a
48	48	controlled substance or drug;
49	49	(5) submit to a psychosocial assessment;
50	50	(6) participate in an alcohol or drug abuse treatment
51	51	or education program, such as:
52	52	(A) a drug education program that is designed to
53	53	educate persons on the dangers of drug abuse and is approved by the
54	54	Department of State Health Services in accordance with Section
55	55	521.374, Transportation Code; or
56	56	(B) an alcohol awareness program described by
57	57	Section 106.115, Alcoholic Beverage Code;
58	58	(7) pay the costs of any diagnostic testing,
59	59	psychosocial assessment, or participation in a treatment or
60	60	education program either directly or through the court as court
61	61	costs;
62	62	(8) complete a driving safety course approved under
63	63	Chapter 1001, Education Code, or another course as directed by the
64	64	judge;
65	65	(9) present to the court satisfactory evidence that
66	66	the defendant has complied with each requirement imposed by the
67	67	judge under this article; and
68	68	(10) comply with any other reasonable condition.
69	69	(g) If a judge requires a defendant under Subsection (b) to
70	70	attend an alcohol awareness program or drug education program as
71	71	described by Subdivision (6) of that subsection, unless the judge
72	72	determines that the defendant is indigent and unable to pay the
73	73	cost, the judge shall require the defendant to pay the cost of
74	74	attending the program. The judge may allow the defendant to pay the
75	75	cost of attending the program in installments during the deferral
76	76	period.
77	77	SECTION 3. Section 53.03, Family Code, is amended by adding
78	78	Subsections (h-1) and (h-2) to read as follows:
79	79	(h-1) If the child is alleged to have engaged in delinquent
80	80	conduct or conduct indicating a need for supervision that violates
81	81	Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
82	82	481.121, Health and Safety Code, deferred prosecution under this
83	83	section may include a condition that the child attend a drug
84	84	education program that is designed to educate persons on the
85	85	dangers of drug abuse and is approved by the Department of State
86	86	Health Services in accordance with Section 521.374, Transportation
87	87	Code.
88	88	(h-2) If the child is alleged to have engaged in delinquent
89	89	conduct or conduct indicating a need for supervision that violates
90	90	Section 106.02, 106.025, 106.04, 106.05, or 106.07, Alcoholic
91	91	Beverage Code, or Section 49.02, Penal Code, deferred prosecution
92	92	under this section may include a condition that the child attend an
93	93	alcohol awareness program described by Section 106.115, Alcoholic
94	94	Beverage Code.
95	95	SECTION 4. Section 54.047, Family Code, is amended to read
96	96	as follows:
97	97	Sec. 54.047. ALCOHOL OR DRUG RELATED OFFENSE. (a) If the
98	98	court or jury finds at an adjudication hearing for a child that the
99	99	child engaged in delinquent conduct or conduct indicating a need
100	100	for supervision [or delinquent conduct] that constitutes a
101	101	violation of Section 481.115, 481.1151, 481.116, 481.1161,
102	102	481.117, 481.118, or 481.121, Health and Safety Code, the court may
103	103	order that the child attend a drug education program that is
104	104	designed to educate persons on the dangers of drug abuse and is
105	105	approved by the Department of State Health Services in accordance
106	106	with Section 521.374, Transportation Code.
107	107	(b) If the court or jury finds at an adjudication hearing
108	108	for a child that the child engaged in delinquent conduct or conduct
109	109	indicating a need for supervision that violates the alcohol-related
110	110	offenses in Section 106.02, 106.025, 106.04, 106.05, or 106.07,
111	111	Alcoholic Beverage Code, or Section 49.02, Penal Code, the court
112	112	may order that the child attend an alcohol awareness program
113	113	described by Section 106.115, Alcoholic Beverage Code.
114	114	(c) The court shall, in addition to any order described by
115	115	Subsection (a) or (b), [subject to a finding under Section
116	116	54.04(c),] order[, in addition to any other order authorized by
117	117	this title,] that, in the manner provided by Section 106.071(d),
118	118	Alcoholic Beverage Code:
119	119	(1) the child perform community service; and
120	120	(2) the child's driver's license or permit be
121	121	suspended or that the child be denied issuance of a driver's license
122	122	or permit.
123	123	(d) An order under this section:
124	124	(1) is subject to a finding under Section 54.04(c);
125	125	and
126	126	(2) may be issued in addition to any other order
127	127	authorized by this title.
128	128	(e) The Department of State Health Services:
129	129	(1) is responsible for the administration of the
130	130	certification of drug education programs;
131	131	(2) may charge a nonrefundable application fee for:
132	132	(A) initial certification of approval; or
133	133	(B) renewal of the certification;
134	134	(3) shall adopt rules regarding drug education
135	135	programs approved under this section; and
136	136	(4) shall monitor and provide training to a person who
137	137	provides a drug education program.
138	138	(f) If the court orders a child under Subsection (a) or (b)
139	139	to attend a drug education program or alcohol awareness program,
140	140	unless the court determines that the parent or guardian of the child
141	141	is indigent and unable to pay the cost, the court shall require the
142	142	child's parent or a guardian of the child to pay the cost of
143	143	attending the program. The court shall allow the child's parent or
144	144	guardian to pay the cost of attending the program in installments.
145	145	SECTION 5. Section 521.374(a), Transportation Code, is
146	146	amended to read as follows:
147	147	(a) A person whose license is suspended under Section
148	148	521.372 may attend an educational program, approved by the
149	149	Department of State Health Services [Texas Commission on Alcohol
150	150	and Drug Abuse] under rules adopted by the Department of State
151	151	Health Services [commission] and the department, that is designed
152	152	to educate persons on the dangers of drug abuse.
153	153	SECTION 6. This Act takes effect September 1, 2013.