84R22744 GCB-D
By: Farias, King of Taylor, Martinez Fischer, H.B. No. 1048
Miller of Fort Bend, Coleman
Substitute the following for H.B. No. 1048:
By: King of Taylor C.S.H.B. No. 1048
A BILL TO BE ENTITLED
AN ACT
relating to the redesignation of veterans court programs as
veterans treatment court programs, the administration of those
programs, the expunction of arrest records and files for certain
participants who successfully complete a program, and the issuance
of orders of nondisclosure for participants convicted of a
misdemeanor; changing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01(a), 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); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(2) 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 the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because:
(a) the person was arrested for a
Class B or Class C misdemeanor and subsequently completed a
veterans treatment court program under Chapter 124, Government
Code, or former law;
(b) the person completed a pretrial
intervention program authorized under Section 76.011, Government
Code, or, if the person was arrested for an offense punishable as a
Class A misdemeanor or any higher category of offense, a veterans
treatment court program under Chapter 124, Government Code, or
former law;
(c) [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
(d) [, or because] the indictment or
information was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
SECTION 2. Section 1a, Article 55.02, Code of Criminal
Procedure, is amended by adding Subsection (a-1) to read as
follows:
(a-1) A trial court dismissing a case of a person arrested
for a Class B or Class C misdemeanor, following the person's
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law, if the trial
court is a district court, or a district court in the county in
which the trial court is located shall enter an order of expunction
for a person entitled to expunction under Article
55.01(a)(2)(A)(ii)(a) not later than the 30th day after the date
the court dismisses the case or receives the information regarding
that dismissal, as applicable.
SECTION 3. Section 2(a), Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
(a) A person who is entitled to expunction of records and
files under Article 55.01(a)(1)(B)(i) or under Article
55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
who is eligible for expunction of records and files under Article
55.01(b) may file an ex parte petition for expunction in a district
court for the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
SECTION 4. Section 54.976(a), Government Code, is amended
to read as follows:
(a) A judge may refer to a magistrate any criminal case or
matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing;
(2) a pretrial motion;
(3) an examining trial;
(4) a writ of habeas corpus;
(5) a bond forfeiture suit;
(6) issuance of search warrants;
(7) setting, setting conditions, modifying, revoking,
and surrendering of bonds, including surety bonds;
(8) arraignment of defendants;
(9) a motion to increase or decrease a bond;
(10) a motion to revoke community supervision or to
proceed to an adjudication;
(11) an issue of competency or a civil commitment
under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or
without a jury;
(12) a motion to modify community supervision;
(13) specialty court proceedings, including drug
court proceedings, veterans treatment [veteran's] court
proceedings, and driving while intoxicated court proceedings;
(14) an expunction or a petition for nondisclosure;
(15) an occupational driver's license;
(16) a waiver of extradition;
(17) the issuance of subpoenas and orders requiring
the production of medical records, including records relating to
mental health or substance abuse treatment; and
(18) any other matter the judge considers necessary
and proper.
SECTION 5. Section 103.0271, Government Code, is amended 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 treatment
court program (Sec. 124.005, Government Code) . . . not to exceed
$500 [$1,000]; and
(4) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans treatment court program (Sec. 124.005, Government
Code) . . . the amount necessary to cover the costs of testing,
counseling, or treatment.
SECTION 6. The heading to Chapter 124, Government Code, is
amended to read as follows:
CHAPTER 124. VETERANS TREATMENT COURT PROGRAM
SECTION 7. Section 124.001, Government Code, is amended to
read as follows:
Sec. 124.001. VETERANS TREATMENT COURT PROGRAM DEFINED;
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans
treatment 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 who was arrested for or charged with, but
not convicted of or placed on deferred adjudication community
supervision for, an offense successfully completes a veterans
treatment court program [as authorized under Section 76.011], after
notice to the attorney representing the state and a hearing in the
veterans treatment court at which that court determines that a
dismissal is in the best interest of justice, the veterans
treatment court shall provide its findings with respect to the
dismissal to the court in which the criminal case is pending and
shall include, for a defendant entitled to expunction, all of the
information required for a petition under Section 2(b), Article
55.02, Code of Criminal Procedure. If the veterans treatment court
determines that a dismissal is in the best interest of justice for a
program participant, the court in which the criminal case is
pending shall dismiss the case [criminal action] against the
participant. For a participant who is entitled to an automatic
order of expunction under Section 1a(a-1), Article 55.02, Code of
Criminal Procedure, the court in which the criminal case is pending
shall:
(1) enter the order on behalf of the participant, if
that court is a district court; or
(2) if that court is not a district court, forward the
appropriate dismissal and expunction information to a district
court with jurisdiction to enter the order on behalf of the
participant [defendant].
(c) Regardless of whether the defendant was convicted of the
offense for which the defendant entered the veterans treatment
court program or whether the applicable court with jurisdiction
over the criminal case deferred further proceedings without
entering an adjudication of guilt, if a defendant successfully
completes a veterans treatment court program and the case was not
dismissed under Subsection (b), 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 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 entered the program based on an offense
punishable as a misdemeanor and:
(1) has not been previously convicted of an 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 felony offense between
the date on which the defendant successfully completed the program
and the second anniversary of that date.
(d) Notwithstanding Subsection (c), a defendant is not
entitled to petition the court for an order of nondisclosure
following successful completion of a veterans treatment 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 and it was shown on the trial of the
offense that the defendant's operation of a motor vehicle while
intoxicated caused bodily injury to another. In this subsection,
"bodily injury" has the meaning assigned by Section 1.07, Penal
Code.
SECTION 8. Section 124.002, Government Code, is amended to
read as follows:
Sec. 124.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
(a) The commissioners court of a county may establish a veterans
treatment court program for persons arrested for, [or] charged
with, convicted of, or placed on deferred adjudication community
supervision for any misdemeanor or felony offense. A defendant is
eligible to participate in a veterans treatment 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 or in which
the defendant was convicted or placed on deferred adjudication
community supervision, as applicable, finds that:
(1) the defendant:
(A) [(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
(B) [(2)] suffers from a brain injury, mental
illness, or mental disorder, including post-traumatic stress
disorder, or was a victim of military sexual trauma if the injury,
illness, disorder, or trauma [that]:
(i) occurred during or [(A)] resulted from
the defendant's military service [in a combat zone or other similar
hazardous duty area]; and
(ii) [(B) materially] affected the
defendant's criminal conduct at issue in the case; or
(2) considering the circumstances of the defendant's
conduct, personal and social background, and criminal history, the
defendant's participation in a veterans treatment court program is
likely to achieve the objective of ensuring public safety through
rehabilitation of the veteran in the manner provided by Section
1.02(1), Penal Code.
(b) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to proceed through
the veterans treatment court program or otherwise through the
criminal justice system.
(c) Proof of matters described by Subsection (a) may be
submitted to the applicable criminal 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.
(d) In this section, "military sexual trauma" means any
sexual assault or sexual harassment that occurs while the victim is
a member of the United States armed forces performing the person's
regular duties.
SECTION 9. The heading to Section 124.003, Government Code,
is amended to read as follows:
Sec. 124.003. DUTIES OF VETERANS TREATMENT COURT PROGRAM.
SECTION 10. Section 124.003, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) A veterans treatment court program established under
this chapter must:
(1) if there has not yet been a disposition in the
criminal case, ensure that 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 arrested for or charged with
an offense 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
treatment 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 treatment 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.
(b-1) A veterans treatment court program may allow a
participant to comply with the participant's court-ordered
individualized treatment plan or to fulfill certain other court
obligations through the use of videoconferencing software or other
Internet-based communications.
SECTION 11. Section 124.004, Government Code, is amended to
read as follows:
Sec. 124.004. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The
commissioners courts of two or more counties may elect to establish
a regional veterans treatment court program under this chapter for
the participating counties.
(b) For purposes of this chapter, each county that elects to
establish a regional veterans treatment 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 treatment court program without participating in a
regional program.
SECTION 12. Section 124.005(a), Government Code, is amended
to read as follows:
(a) A veterans treatment court program established under
this chapter may collect from a participant in the program:
(1) a reasonable program fee not to exceed $500
[$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.
SECTION 13. Chapter 124, Government Code, is amended by
adding Section 124.006 to read as follows:
Sec. 124.006. COURTESY SUPERVISION. (a) A veterans
treatment court program that accepts placement of a defendant may
transfer responsibility for supervising the defendant's
participation in the program to another veterans treatment court
program that is located in the county where the defendant works or
resides. The defendant's supervision may be transferred under this
section only with the consent of both veterans treatment court
programs and the defendant.
(b) A defendant that consents to the transfer of the
defendant's supervision must agree to abide by all rules,
requirements, and instructions of the veterans treatment court
program that accepts the transfer.
(c) If a defendant whose supervision is transferred under
this section does not successfully complete the program, the
veterans treatment court program supervising the defendant shall
return the responsibility for the defendant's supervision to the
veterans treatment court program that initiated the transfer.
(d) If a defendant is charged with an offense in a county
that does not operate a veterans treatment court program, the court
in which the criminal case is pending may place the defendant in a
veterans treatment court program located in the county where the
defendant works or resides, provided that a program is operated in
that county and the defendant agrees to the placement. A defendant
placed in a veterans treatment court program in accordance with
this subsection must agree to abide by all rules, requirements, and
instructions of the program.
SECTION 14. Section 772.0061(a)(2), Government Code, as
amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
(2) "Specialty court" means:
(A) a prostitution prevention program
established under Chapter 169A, Health and Safety Code;
(B) a family drug court program established under
Chapter 122 or former law;
(C) [(B)] a drug court program established under
Chapter 123 or former law;
(D) [(C)] a veterans treatment court program
established under Chapter 124 or former law; and
(E) [(D)] a mental health court program
established under Chapter 125 or former law.
SECTION 15. (a) The changes in law made by this Act in
amending Chapter 55, Code of Criminal Procedure, and in amending
Section 124.001(b), Government Code, apply to the expunction of
arrest records and files for an arrested person who successfully
completes a veterans treatment court program under Chapter 124,
Government Code, or former law, before, on, or after the effective
date of this Act, regardless of when the underlying arrest
occurred.
(b) For a person who is arrested for a Class B or Class C
misdemeanor and who is entitled to expunction under Article
55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as added by this
Act, based on a successful completion of a veterans treatment court
program under Chapter 124, Government Code, or former law, before
the effective date of this Act, notwithstanding the 30-day time
limit provided for the court to enter an automatic order of
expunction under Section 1a(a-1), Article 55.02, Code of Criminal
Procedure, as added by this Act, the court shall enter an order of
expunction for the person as soon as practicable after the court
receives written notice from any party to the case about the
person's entitlement to the expunction.
(c) The change in law made by this Act by adding Sections
124.001(c) and (d), Government Code, and amending Section 124.002,
Government Code, applies to a person who, on or after the effective
date of this Act, enters a veterans treatment court program under
Chapter 124, Government Code, regardless of whether the person
committed the offense for which the person enters the program
before, on, or after the effective date of this Act.
(d) The change in law made by this Act in adding Section
124.006, Government Code, applies to a person who, on or after the
effective date of this Act, is under the supervision of a veterans
treatment court program.
SECTION 16. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 17. This Act takes effect September 1, 2015.