Texas 2015 - 84th Regular

Texas House Bill HB319 Latest Draft

Bill / Introduced Version Filed 11/17/2014

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                            By: Keough H.B. No. 319


 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 offenses
 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.
 (2)  the consent of both 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 upon acceptance of a
 mediation agreement to:
 (i)  pay restitution to the victim; and, 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 meditations 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.
 (i)  Mediators must have completed 40
 classroom house of basic mediation training in compliance with
 Texas Civil Practices and Remedies Code Sec. 154.052.
 (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 offenses 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 $2,000; and
 (2)  an alcohol or controlled substance testing,
 counseling, and treatment fee in an amount necessary to cover the
 costs of the testing, counseling, 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
 (e)  A county or municipality is entitled to:
 (1)  if the county or municipality has established a
 pretrial victim-offender mediation program, retain 75 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
 (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 funding.
 (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 $2,000 and the costs of certain testing,
 counseling, and treatment.
 SECTION 5.  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, 2015.