By: Huffman S.B. No. 462
(In the Senate - Filed February 11, 2013; February 13, 2013,
read first time and referred to Committee on Criminal Justice;
March 18, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; March 18, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 462 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to specialty court programs in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SPECIALTY COURT PROGRAMS
SECTION 1.01. Title 2, Government Code, is amended by
adding Subtitle K to read as follows:
SUBTITLE K. SPECIALTY COURTS
CHAPTER 121. GENERAL PROVISIONS
Sec. 121.001. DEFINITION. In this subtitle, "specialty
court" means a court established under this subtitle or former law.
Sec. 121.002. 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 specialty court programs.
(b) For the purpose of determining the eligibility of a
specialty court program to receive state or federal grant funds
administered by a state agency, the governor or a legislative
committee to which duties are assigned under Subsection (a) may
request the state auditor to perform a management, operations, or
financial or accounting audit of the program.
(c) Notwithstanding any other law, a specialty court
program may not operate until the judge, magistrate, or
coordinator:
(1) provides to the criminal justice division of the
governor's office:
(A) written notice of the program; and
(B) any resolution or other official declaration
under which the program was established; and
(2) receives from the division written verification of
the program's compliance with Subdivision (1).
(d) A specialty court program shall:
(1) comply with all programmatic best practices
recommended by the Specialty Courts Advisory Council under Section
772.0061(b)(2) and approved by the Texas Judicial Council; and
(2) report to the criminal justice division any
information required by the division regarding the performance of
the program.
(e) A specialty court program that fails to comply with
Subsections (c) and (d) is not eligible to receive any state or
federal grant funds administered by any state agency.
SECTION 1.02. Subchapter J, Chapter 264, Family Code, is
transferred to Subtitle K, Title 2, Government Code, as added by
this Act, redesignated as Chapter 122, Government Code, and amended
to read as follows:
CHAPTER 122 [SUBCHAPTER J]. FAMILY DRUG COURT PROGRAM
Sec. 122.001 [264.801]. FAMILY DRUG COURT PROGRAM DEFINED.
In this chapter [subchapter], "family drug court program" means a
program that has the following essential characteristics:
(1) the integration of substance abuse treatment
services in the processing of civil cases in the child welfare
system with the goal of family reunification;
(2) the use of a comprehensive case management
approach involving Department of Family and Protective Services
[department] caseworkers, court-appointed case managers, and
court-appointed special advocates to rehabilitate a parent who has
had a child removed from the parent's care by the department because
of suspected child abuse or neglect and who is suspected of
substance abuse;
(3) early identification and prompt placement of
eligible parents who volunteer to participate in the program;
(4) comprehensive substance abuse needs assessment
and referral to an appropriate substance abuse treatment agency;
(5) a progressive treatment approach with specific
requirements that a parent must meet to advance to the next phase of
the program;
(6) monitoring of abstinence through periodic alcohol
or other drug testing;
(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.
Sec. 122.002 [264.802]. AUTHORITY TO ESTABLISH PROGRAM.
The commissioners court of a county may establish a family drug
court program for persons who:
(1) have had a child removed from their care by the
Department of Family and Protective Services [department]; and
(2) are suspected by the Department of Family and
Protective Services [department] or a court of having a substance
abuse problem.
[Sec. 264.803. 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 family drug court 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 family drug court program established under
this subchapter.]
Sec. 122.003 [264.804]. PARTICIPANT PAYMENT FOR TREATMENT
AND SERVICES. A family drug court program may require a participant
to pay the cost of all treatment and services received while
participating in the program, based on the participant's ability to
pay.
Sec. 122.004 [264.805]. FUNDING. A county creating a
family drug court under this chapter shall explore the possibility
of using court improvement project funds to finance the family drug
court in the county. The county shall also explore the availability
of federal and state matching funds to finance the court.
SECTION 1.03. Subsection (a), Section 76.011, Government
Code, is amended to read as follows:
(a) The department may operate programs for:
(1) the supervision and rehabilitation of persons in
pretrial intervention programs;
(2) the supervision of persons released on bail under:
(A) Chapter 11, Code of Criminal Procedure;
(B) Chapter 17, Code of Criminal Procedure;
(C) Article 44.04, Code of Criminal Procedure; or
(D) any other law;
(3) the supervision of a person subject to, or the
verification of compliance with, a court order issued under:
(A) Article 17.441, Code of Criminal Procedure,
requiring a person to install a deep-lung breath analysis mechanism
on each vehicle owned or operated by the person;
(B) Chapter 123 of this code or former law [469,
Health and Safety Code], issuing an occupational driver's license;
(C) Section 49.09(h), Penal Code, requiring a
person to install a deep-lung breath analysis mechanism on each
vehicle owned or operated by the person; or
(D) Subchapter L, Chapter 521, Transportation
Code, granting a person an occupational driver's license; and
(4) the supervision of a person not otherwise
described by Subdivision (1), (2), or (3), if a court orders the
person to submit to the supervision of, or to receive services from,
the department.
SECTION 1.04. Chapter 469, Health and Safety Code, is
transferred to Subtitle K, Title 2, Government Code, as added by
this Act, redesignated as Chapter 123, Government Code, and amended
to read as follows:
CHAPTER 123 [469]. DRUG COURT PROGRAMS
Sec. 123.001 [469.001]. DRUG COURT PROGRAM DEFINED;
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "drug
court program" means a program that has the following essential
characteristics:
(1) the integration of alcohol and other drug
treatment 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, drug, and other
related treatment and rehabilitative services;
(5) monitoring of abstinence through weekly alcohol
and other drug testing;
(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.
(b) If a defendant successfully completes a drug court
program, 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, after notice to the state and a hearing on
whether the defendant is otherwise entitled to the petition and
whether issuance of the order is in the best interest of justice,
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, Code of
Criminal Procedure, with respect to all records and files related
to the defendant's arrest for the offense for which the defendant
entered the program if the defendant:
(1) has not been previously convicted of an [a felony]
offense listed in Section 3g, Article 42.12, Code of Criminal
Procedure, or a sexually violent offense, as defined by Article
62.001, Code of Criminal Procedure; and
(2) is not convicted for any [other] felony offense
between the date on which the defendant successfully completed the
program and [before] the second anniversary of that date [the
defendant's successful completion of the program].
(c) Notwithstanding Subsection (b), a defendant is not
entitled to petition the court for an order of nondisclosure
following successful completion of a drug court program if the
defendant's entry into the program arose as the result of a
conviction for an offense involving the operation of a motor
vehicle while intoxicated.
Sec. 123.002 [469.002]. AUTHORITY TO ESTABLISH PROGRAM.
The commissioners court of a county or governing body of a
municipality may establish the following types of drug court
programs:
(1) drug courts for persons arrested for, charged
with, or convicted of:
(A) an offense in which an element of the offense
is the use or possession of alcohol or the use, possession, or sale
of a controlled substance, a controlled substance analogue, or
marihuana; or
(B) an offense in which the use of alcohol or a
controlled substance is suspected to have significantly
contributed to the commission of the offense and the offense did not
involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(2) drug courts for juveniles detained for, taken into
custody for, or adjudicated as having engaged in:
(A) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which an element of the conduct is the use or possession of alcohol
or the use, possession, or sale of a controlled substance, a
controlled substance analogue, or marihuana; or
(B) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which the use of alcohol or a controlled substance is suspected to
have significantly contributed to the commission of the conduct and
the conduct did not involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(3) reentry drug courts for persons with a
demonstrated history of using alcohol or a controlled substance who
may benefit from a program designed to facilitate the person's
transition and reintegration into the community on release from a
state or local correctional facility;
(4) family dependency drug treatment courts for family
members involved in a suit affecting the parent-child relationship
in which a parent's use of alcohol or a controlled substance is a
primary consideration in the outcome of the suit; or
(5) programs for other persons not precisely described
by Subdivisions (1)-(4) who may benefit from a program that has the
essential characteristics described by Section 123.001 [469.001].
Sec. 123.003 [469.0025]. ESTABLISHMENT OF REGIONAL
PROGRAM. (a) The commissioners courts of two or more counties, or
the governing bodies of two or more municipalities, may elect to
establish a regional drug court program under this chapter for the
participating counties or municipalities.
(b) For purposes of this chapter, each county or
municipality that elects to establish a regional drug court program
under this section is considered to have established the program
and is entitled to retain fees under Article 102.0178, Code of
Criminal Procedure, in the same manner as if the county or
municipality had established a drug court program without
participating in a regional program.
[Sec. 469.003. 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 drug 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 drug court program established under this
chapter.
[(c) A drug 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 the division on request.]
Sec. 123.004 [469.004]. FEES. (a) A drug 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) an alcohol or controlled substance testing,
counseling, and treatment fee in an amount necessary to cover the
costs of the testing, counseling, and treatment.
(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 coordinator [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. 123.005 [469.005]. DRUG COURT PROGRAMS EXCLUSIVELY
FOR CERTAIN INTOXICATION OFFENSES. (a) The commissioners court of
a county may establish under this chapter a drug court program
exclusively for persons arrested for, charged with, or convicted of
an offense involving the operation of a motor vehicle while
intoxicated.
(b) A county that establishes a drug court program under
this chapter but does not establish a separate program under this
section must employ procedures designed to ensure that a person
arrested for, charged with, or convicted of a second or subsequent
offense involving the operation of a motor vehicle while
intoxicated participates in the county's existing drug court
program.
Sec. 123.006 [469.006]. PROGRAM IN CERTAIN COUNTIES
MANDATORY. (a) The commissioners court of a county with a
population of more than 200,000 shall:
(1) establish a drug court program under [Subdivision
(1) of] Section 123.002(1); and
(2) direct the judge, magistrate, or coordinator to
comply with Section 121.002(c)(1) [469.002].
(b) A county required under this section to establish a drug
court program shall apply for federal and state funds available to
pay the costs of the program. The criminal justice division of the
governor's office may assist a county in applying for federal funds
as required by this subsection.
(c) Notwithstanding Subsection (a), a county is required to
establish a drug court program under this section only if:
(1) the county receives federal or state funding,
including funding under Article 102.0178, Code of Criminal
Procedure, specifically for that purpose; and
(2) the judge, magistrate, or coordinator receives the
verification described by Section 121.002(c)(2).
(d) A county that does not establish a drug court program as
required by this section and maintain the program is ineligible to
receive from the state:
(1) funds for a community supervision and corrections
department; and
(2) grants for substance abuse treatment programs
administered by the criminal justice division of the governor's
office.
Sec. 123.007 [469.007]. USE OF OTHER DRUG AND ALCOHOL
AWARENESS PROGRAMS. In addition to using a drug court program
established under this chapter, the commissioners court of a county
or a court may use other drug awareness or drug and alcohol driving
awareness programs to treat persons convicted of drug or alcohol
related offenses.
Sec. 123.008 [469.008]. SUSPENSION OR DISMISSAL OF
COMMUNITY SERVICE REQUIREMENT. (a) Notwithstanding Sections 13
and 16, Article 42.12, Code of Criminal Procedure, to encourage
participation in a drug 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 drug court
program, a judge or magistrate may excuse the participant from any
condition of community supervision previously suspended under
Subsection (a).
Sec. 123.009 [469.009]. OCCUPATIONAL DRIVER'S LICENSE.
Notwithstanding Section 521.242, Transportation Code, if a
participant's driver's license has been suspended as a result of an
alcohol-related or drug-related enforcement contact, as defined by
Section 524.001, Transportation Code, or as a result of a
conviction under Section 49.04, 49.07, or 49.08, Penal Code, the
judge or magistrate administering a drug court program under this
chapter may order that an occupational license be issued to the
participant. An order issued under this section is subject to
Sections 521.248-521.252, Transportation Code, except that any
reference to a petition under Section 521.242 of that code does not
apply.
SECTION 1.05. Chapter 617, Health and Safety Code, is
transferred to Subtitle K, Title 2, Government Code, as added by
this Act, redesignated as Chapter 124, Government Code, and amended
to read as follows:
CHAPTER 124 [617]. VETERANS COURT PROGRAM
Sec. 124.001 [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. 124.002 [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. 124.003 [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. 124.004 [617.004]. ESTABLISHMENT OF REGIONAL PROGRAM.
(a) The commissioners courts of two or more counties may elect to
establish a regional veterans court program under this chapter for
the participating counties.
(b) For purposes of this chapter, each county that elects to
establish a regional veterans court program under this section is
considered to have established the program and is entitled to
retain fees under Article 102.0178, Code of Criminal Procedure, in
the same manner as if the county had established a veterans court
program without participating in a regional program.
[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. 124.005 [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 coordinator [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 1.06. Chapter 616, Health and Safety Code, is
transferred to Subtitle K, Title 2, Government Code, as added by
this Act, redesignated as Chapter 125, Government Code, and amended
to read as follows:
CHAPTER 125 [616]. MENTAL HEALTH COURT PROGRAMS
Sec. 125.001 [616.001]. MENTAL HEALTH COURT PROGRAM
DEFINED. In this chapter, "mental health court program" means a
program that has the following essential characteristics:
(1) the integration of mental illness treatment
services and mental retardation 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 mental illness treatment services and
mental retardation services;
(5) ongoing judicial interaction with program
participants;
(6) diversion of potentially mentally ill or mentally
retarded defendants to needed services as an alternative to
subjecting those defendants to the criminal justice system;
(7) monitoring and evaluation of program goals and
effectiveness;
(8) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(9) development of partnerships with public agencies
and community organizations, including local mental retardation
authorities.
Sec. 125.002 [616.002]. AUTHORITY TO ESTABLISH PROGRAM.
The commissioners court of a county may establish a mental health
court program for persons who:
(1) have been arrested for or charged with a
misdemeanor or felony; and
(2) are suspected by a law enforcement agency or a
court of having a mental illness or mental retardation.
Sec. 125.003 [616.003]. PROGRAM. (a) A mental health
court program established under Section 125.002 [616.002]:
(1) may handle all issues arising under Articles 16.22
and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of
Criminal Procedure; and
(2) must:
(A) ensure a person eligible for the program is
provided legal counsel before volunteering to proceed through the
mental health court program and while participating in the program;
(B) allow a person, if eligible for the program,
to choose whether to proceed through the mental health court
program or proceed through the regular criminal justice system;
(C) allow a participant to withdraw from the
mental health court program at any time before a trial on the merits
has been initiated;
(D) provide a participant with a court-ordered
individualized treatment plan indicating the services that will be
provided to the participant; and
(E) ensure that the jurisdiction of the mental
health court extends at least six months but does not extend beyond
the probationary period for the offense charged if the probationary
period is longer than six months.
(b) The issues shall be handled by a magistrate, as
designated by Article 2.09, Code of Criminal Procedure, who is part
of a mental health court program established under Section 125.002
[616.002].
[Sec. 616.004. 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 mental health court programs established under Section
616.002.
[(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial or
accounting audit of a mental health court program established under
Section 616.002.]
Sec. 125.004 [616.005]. PARTICIPANT PAYMENT FOR TREATMENT
AND SERVICES. A mental health court program may require a
participant to pay the cost of all treatment and services received
while participating in the program, based on the participant's
ability to pay.
SECTION 1.07. Subdivision (2), Subsection (a), Section
772.0061, Government Code, is amended to read as follows:
(2) "Specialty court" means:
(A) a family drug court program established under
Chapter 122 or former law;
(B) a drug court program established under
Chapter 123 or former law [469, Health and Safety Code];
(C) a veterans court program established under
Chapter 124 or former law; and
(D) [(B)] a mental health court program
established under Chapter 125 or former law [616, Health and Safety
Code; and
[(C) a veterans court program established under
Chapter 617, Health and Safety Code].
SECTION 1.08. Section 772.0061, Government Code, is amended
by amending Subsections (b), (c), (d), and (e) and adding
Subsection (j) to read as follows:
(b) The governor shall establish the Specialty Courts
Advisory Council within the criminal justice division established
under Section 772.006 to:
(1) evaluate applications for grant funding for
specialty courts in this state and to make funding recommendations
to the criminal justice division; and
(2) make recommendations to the criminal justice
division regarding best practices for specialty courts established
under Chapter 122, 123, 124, or 125 or former law.
(c) The council is composed of nine [seven] members
appointed by the governor as follows:
(1) one member with experience as the judge of a
specialty court described by Subsection (a)(2)(A);
(2) one member with experience as the judge of a
specialty court described by Subsection (a)(2)(B);
(3) one member with experience as the judge of a
specialty court described by Subsection (a)(2)(C);
(4) one member with experience as the judge of a
specialty court described by Subsection (a)(2)(D) [three members
with experience as judges of a specialty court]; and
(5) five [(2) four] members who represent the public.
(d) The members appointed under Subsection (c)(5) [(c)(2)]
must:
(1) reside in various geographic regions of the state;
and
(2) have experience practicing law in a specialty
court or possess knowledge and expertise in a field relating to
behavioral or mental health issues or to substance abuse treatment.
(e) Members are appointed for staggered six-year terms,
with the[. The] terms of [either two or] three members expiring[,
as applicable, expire] February 1 of each odd-numbered year.
(j) A member of the council may not receive compensation for
service on the council. The member may receive reimbursement from
the criminal justice division for actual and necessary expenses
incurred in performing council functions as provided by Section
2110.004.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Subsection (b), Section 18, Article 42.12,
Code of Criminal Procedure, is amended to read as follows:
(b) If a judge requires as a condition of community
supervision or participation in a drug court program established
under Chapter 123, Government [469, Health and Safety] Code, or
former law that the defendant serve a term in a community
corrections facility, the term may not be more than 24 months.
SECTION 2.02. Subsection (f), Article 59.062, Code of
Criminal Procedure, is amended to read as follows:
(f) A civil penalty collected under this article shall be
deposited to the credit of the specialty [drug] court account in the
general revenue fund to help fund specialty [drug] court programs
established under Chapter 122, 123, 124, or 125, Government [469,
Health and Safety] Code, or former law.
SECTION 2.03. Subsections (e) and (g), Article 102.0178,
Code of Criminal Procedure, are amended to read as follows:
(e) A county is entitled to:
(1) if the custodian of the county treasury complies
with Subsection (d), retain 10 percent of the funds collected under
this article by an officer of the county during the calendar quarter
as a service fee; and
(2) if the county has established a specialty [drug]
court program or establishes a specialty [drug] court program
before the expiration of the calendar quarter, retain in addition
to the 10 percent authorized by Subdivision (1) another 50 percent
of the funds collected under this article by an officer of the
county during the calendar quarter to be used exclusively for the
development and maintenance of specialty [drug] court programs
operated within the county.
(g) The comptroller shall deposit the funds received under
this article to the credit of the specialty [drug] court account in
the general revenue fund to help fund specialty [drug] court
programs established under Chapter 122, 123, 124, or 125,
Government [469, Health and Safety] Code, or former law. The
legislature shall appropriate money from the account solely to the
criminal justice division of the governor's office for distribution
to specialty [drug] court programs that apply for the money.
SECTION 2.04. Subsection (c-1), Section 58.003, Family
Code, is amended to read as follows:
(c-1) Notwithstanding Subsections (a) and (c) and subject
to Subsection (b), a juvenile court may order the sealing of records
concerning a child adjudicated as having engaged in delinquent
conduct or conduct indicating a need for supervision that violated
a penal law of the grade of misdemeanor or felony if the child
successfully completed a drug court program under Chapter 123,
Government [469, Health and Safety] Code, or former law. The court
may:
(1) order the sealing of the records immediately and
without a hearing; or
(2) hold a hearing to determine whether to seal the
records.
SECTION 2.05. Section 54.1801, Government Code, is amended
to read as follows:
Sec. 54.1801. DEFINITION. In this subchapter, "drug court"
or "drug court program" has the meaning assigned by Section 123.001
[469.001, Health and Safety Code].
SECTION 2.06. Subchapter C, Chapter 71, Government Code, is
amended by adding Section 71.037 to read as follows:
Sec. 71.037. SPECIALTY COURT BEST PRACTICES. The council
shall review and as appropriate approve recommendations made by the
Special Courts Advisory Council under Section 772.0061(b)(2).
SECTION 2.07. Subsection (d), Section 76.017, Government
Code, is amended to read as follows:
(d) After a person is screened and evaluated, a
representative of the department shall meet with the participating
criminal justice and treatment agencies to review the person's case
and to determine if the person should be referred for treatment. If
a person is considered appropriate for referral, the person may be
referred to community-based treatment in accordance with
applicable law or any other treatment program deemed appropriate.
A magistrate may order a person to participate in a treatment
program recommended under this section, including treatment in a
drug court program established under Chapter 123 or former law
[469, Health and Safety Code], as a condition of bond or condition
of pretrial release.
SECTION 2.08. Section 102.021, Government Code, is amended
to read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) court cost for DNA testing for certain felonies
(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
(14) court cost for DNA testing for the offense of
public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
Criminal Procedure) . . . $50;
(15) court cost for DNA testing for certain felonies
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
(16) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12;
(17) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(18) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund specialty [drug] court programs established under Chapter 122,
123, 124, or 125, Government [469, Health and Safety] Code, or
former law (Art. 102.0178, Code of Criminal Procedure) . . . $60.
SECTION 2.09. (a) Subchapter B, Chapter 103, Government
Code, is amended by adding Section 103.0271 to read as follows:
Sec. 103.0271. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
GOVERNMENT CODE. Fees and costs shall be paid or collected under
the Government Code as follows:
(1) a program fee for a drug court program (Sec.
123.004, Government Code) . . . not to exceed $1,000;
(2) an alcohol or controlled substance testing,
counseling, and treatment fee (Sec. 123.004, Government Code) . . .
the amount necessary to cover the costs of testing, counseling, and
treatment;
(3) a reasonable program fee for a veterans court
program (Sec. 124.005, Government Code) . . . not to exceed $1,000;
and
(4) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans court program (Sec. 124.005, Government Code) . . . the
amount necessary to cover the costs of testing, counseling, or
treatment.
(b) Subchapter B, Chapter 103, Government Code, is amended
by adding Section 103.0292 to read as follows:
Sec. 103.0292. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
HEALTH AND SAFETY CODE. A nonrefundable program fee for a first
offender prostitution prevention program established under Section
169.002, Health and Safety Code, shall be collected under Section
169.005, Health and Safety Code, in a reasonable amount not to
exceed $1,000, which includes:
(1) a counseling and services fee in an amount
necessary to cover the costs of counseling and services provided by
the program;
(2) a victim services fee in an amount equal to 10
percent of the total fee; and
(3) a law enforcement training fee in an amount equal
to five percent of the total fee.
(c) Sections 103.029 and 103.0291, Government Code, are
repealed.
SECTION 2.10. Subsection (a), Section 493.009, Government
Code, is amended to read as follows:
(a) The department shall establish a program to confine and
treat:
(1) defendants required to participate in the program
under Section 14, Article 42.12, Code of Criminal Procedure; and
(2) individuals referred for treatment as part of a
drug court program established under Chapter 123 [469, Health and
Safety Code,] or a similar program created under other law.
SECTION 2.11. Subdivision (1), Section 509.001, Government
Code, is amended to read as follows:
(1) "Community corrections facility" means a physical
structure, established by the judges described by Section 76.002
after authorization of the establishment of the structure has been
included in the local community justice plan, that is operated by a
department or operated for a department by an entity under contract
with the department, for the purpose of treating persons who have
been placed on community supervision or who are participating in a
drug court program established under Chapter 123 or former law
[469, Health and Safety Code,] and providing services and programs
to modify criminal behavior, deter criminal activity, protect the
public, and restore victims of crime. The term includes:
(A) a restitution center;
(B) a court residential treatment facility;
(C) a substance abuse treatment facility;
(D) a custody facility or boot camp;
(E) a facility for an offender with a mental
impairment, as defined by Section 614.001, Health and Safety Code;
and
(F) an intermediate sanction facility.
ARTICLE 3. TRANSITION
SECTION 3.01. (a) Except as provided by Subsection (b) of
this section, the change in law made by this Act applies to a
specialty court as defined by Section 121.001, Government Code, as
added by this Act, regardless of whether that court was created
under Subtitle K, Title 2, Government Code, as added by this Act, or
former law.
(b) Subsection (b), Section 123.001, Government Code, as
redesignated and amended by this Act, 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 occurred before that date.
(c) Promptly after this Act takes effect, the governor shall
appoint two additional members to the Specialty Courts Advisory
Council under Section 772.0061, Government Code, as amended by this
Act, as follows:
(1) one member who has experience as a judge of a
specialty court, to serve a term expiring February 1, 2017; and
(2) one member who represents the public, to serve a
term expiring February 1, 2019.
(d) The change in law made by this Act in the qualifications
applying to a member of the Specialty Courts Advisory Council does
not affect the entitlement of a member serving on the council
immediately before September 1, 2013, to continue to serve and
function as a member of the council for the remainder of the
member's term. The change in law in the qualifications applies only
to a member appointed on or after September 1, 2013. However, as
the terms of the members serving immediately before September 1,
2013, expire or become vacant, the governor shall make additional
appointments to the council as necessary to comply with Section
772.0061, Government Code, as amended by this Act.
(e) To the extent of any conflict, this Act prevails over
another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
ARTICLE 4. EFFECTIVE DATE
SECTION 4.01. This Act takes effect September 1, 2013.
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