Texas 2015 - 84th Regular

Texas House Bill HB543 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2783 GCB-D
2	2	By: Dutton H.B. No. 543
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a specialty court for certain
8	8	first-time DWI offenders; imposing fees for participation and
9	9	alcohol monitoring.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
12	12	amended by adding Chapter 470 to read as follows:
13	13	CHAPTER 470. DIVERT PROGRAM
14	14	Sec. 470.001. DIVERT PROGRAM DEFINED; PROCEDURES FOR
15	15	CERTAIN DEFENDANTS. (a) In this chapter, "Direct Intervention
16	16	using Voluntary Education, Restitution, and Treatment Program" or
17	17	"DIVERT program" means a program that has the following essential
18	18	characteristics:
19	19	(1) the integration of alcohol and other drug
20	20	treatment services in the processing of certain first-time driving
21	21	while intoxicated cases in the judicial system;
22	22	(2) the use of a nonadversarial approach involving
23	23	prosecutors and defense attorneys to promote public safety, raise
24	24	community awareness of the consequences of driving while
25	25	intoxicated, and protect the due process rights of program
26	26	participants;
27	27	(3) early identification and prompt placement of
28	28	eligible participants in the program;
29	29	(4) access to a continuum of evidence-based alcohol,
30	30	drug, and other related treatment and rehabilitative services;
31	31	(5) monitoring of abstinence through weekly alcohol
32	32	and other drug testing;
33	33	(6) a coordinated strategy to govern program responses
34	34	to participants' compliance;
35	35	(7) minimization of court appearances during the
36	36	period of participation in the program;
37	37	(8) application of uniform criteria to the entry,
38	38	supervision, and treatment of each program participant;
39	39	(9) monitoring and evaluation of program goals and
40	40	effectiveness;
41	41	(10) continuing interdisciplinary education to
42	42	promote effective program planning, implementation, and
43	43	operations; and
44	44	(11) development of partnerships with public agencies
45	45	and community organizations.
46	46	(b) If a defendant successfully completes a DIVERT program,
47	47	after notice to the state and a hearing on whether the defendant is
48	48	otherwise entitled to the petition and whether issuance of the
49	49	order is in the best interest of justice, notwithstanding Section
50	50	5(d), Article 42.12, Code of Criminal Procedure, the court shall
51	51	enter an order of nondisclosure under Section 411.081, Government
52	52	Code, as if the defendant had received a discharge and dismissal
53	53	under Section 5(c), Article 42.12, Code of Criminal Procedure, with
54	54	respect to all records and files related to the defendant's arrest
55	55	for the offense for which the defendant entered the program if the
56	56	defendant:
57	57	(1) has not been previously convicted of any felony
58	58	offense; and
59	59	(2) is not before the second anniversary of the
60	60	defendant's successful completion of the program convicted of:
61	61	(A) an offense under Chapter 49, Penal Code,
62	62	other than an offense under Section 49.02 or 49.031 of that code;
63	63	(B) an offense under Chapter 481; or
64	64	(C) any offense punishable as a felony.
65	65	Sec. 470.002. EVALUATION AND CONDITIONS. (a) Treatment,
66	66	education, and supervision provided under the DIVERT program must
67	67	be based on a series of evaluations designed to assess the treatment
68	68	and education needs of each program participant with respect to the
69	69	participant's alcohol or drug dependency and motivation.
70	70	(b) Except as otherwise provided by this section, program
71	71	administrators shall impose on each program participant conditions
72	72	for successful completion of the program based on the needs
73	73	assessment conducted under Subsection (a).
74	74	(c) Program administrators shall require any participant
75	75	younger than 25 years of age to attend a video course of not less
76	76	than four hours designed to empower young drivers to adopt safer
77	77	driving habits and reduce injury and death among young drivers,
78	78	such as the video course titled "Alive at 25" developed by the
79	79	National Safety Council.
80	80	(d) The court shall require a program participant as a
81	81	condition of participation in the program to, for a period of one
82	82	year:
83	83	(1) if the participant owns or regularly drives a
84	84	motor vehicle:
85	85	(A) have installed on the motor vehicle owned by
86	86	the participant or on the vehicle most regularly driven by the
87	87	participant a device that uses a deep-lung breath analysis
88	88	mechanism to make impractical the operation of a motor vehicle if
89	89	ethyl alcohol is detected in the breath of the operator; and
90	90	(B) not operate any motor vehicle unless the
91	91	vehicle is equipped with that device; or
92	92	(2) if the participant does not own or regularly drive
93	93	a motor vehicle:
94	94	(A) obtain a deep-lung breath analysis mechanism
95	95	that detects ethyl alcohol on the participant's breath; and
96	96	(B) use the mechanism at intervals prescribed by
97	97	the court.
98	98	(e) The court may designate an appropriate agency to verify
99	99	the installation of the device described by Subsection (d)(1) or
100	100	the acquisition of the mechanism described by Subsection (d)(2) and
101	101	to monitor the device or mechanism. If the magistrate designates an
102	102	agency under this subsection, in each month during which the agency
103	103	verifies the installation of the device or the acquisition of the
104	104	mechanism or provides a monitoring service for the device or
105	105	mechanism, the participant shall pay a fee to the designated agency
106	106	in the amount set by the court. The participant shall pay the
107	107	initial fee at the time the agency verifies the installation of the
108	108	device or the acquisition of the mechanism. In each subsequent
109	109	month during which the participant is required to pay a fee, the
110	110	participant shall pay the fee on the first occasion in that month
111	111	that the agency provides a monitoring service. The court shall set
112	112	the fee in an amount not to exceed $10 as determined by the county
113	113	auditor, or by the commissioners court of the county if the county
114	114	does not have a county auditor, to be sufficient to cover the cost
115	115	incurred by the designated agency in conducting the verification or
116	116	providing the monitoring service, as applicable in that county.
117	117	Sec. 470.003. AUTHORITY TO ESTABLISH PROGRAM. The
118	118	commissioners court of a county or governing body of a municipality
119	119	may establish a DIVERT program for persons:
120	120	(1) who are arrested for, charged with, or convicted
121	121	of an offense under Section 49.04, Penal Code, or who are juveniles
122	122	detained for, taken into custody for, or adjudicated as having
123	123	engaged in conduct constituting an offense under Section 49.04,
124	124	Penal Code;
125	125	(2) who have not been previously convicted of or
126	126	adjudicated as having engaged in conduct constituting an offense
127	127	under Chapter 49, Penal Code, other than an offense under Section
128	128	49.02 or 49.031, Penal Code; and
129	129	(3) for whom participation in the program is in the
130	130	best interests of the community, as determined by the court and the
131	131	attorney representing the state.
132	132	Sec. 470.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
133	133	commissioners courts of two or more counties, or the governing
134	134	bodies of two or more municipalities, may elect to establish a
135	135	regional DIVERT program under this chapter for the participating
136	136	counties or municipalities.
137	137	Sec. 470.005. OVERSIGHT. (a) The lieutenant governor and
138	138	the speaker of the house of representatives may assign to
139	139	appropriate legislative committees duties relating to the
140	140	oversight of DIVERT programs established under this chapter.
141	141	(b) A legislative committee or the governor may request the
142	142	state auditor to perform a management, operations, or financial or
143	143	accounting audit of a DIVERT program established under this
144	144	chapter.
145	145	(c) The director or administrator of a DIVERT program
146	146	established under this chapter shall:
147	147	(1) notify the criminal justice division of the
148	148	governor's office before or on implementation of the program; and
149	149	(2) provide information regarding the performance of
150	150	the program to the division on request.
151	151	Sec. 470.006. FEES. (a) A DIVERT program established under
152	152	this chapter may collect from a participant in the program:
153	153	(1) a reasonable program fee not to exceed $1,000; and
154	154	(2) an alcohol or controlled substance testing,
155	155	counseling, and treatment fee in an amount necessary to cover the
156	156	costs of the testing, counseling, and treatment.
157	157	(b) Fees collected under this section may be paid on a
158	158	periodic basis or on a deferred payment schedule at the discretion
159	159	of the judge, magistrate, or program director administering the
160	160	program. The fees must be:
161	161	(1) based on the participant's ability to pay; and
162	162	(2) used only for purposes specific to the program.
163	163	Sec. 470.007. PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
164	164	The commissioners court of a county with a population of more than
165	165	200,000 shall establish a DIVERT program under Section 470.003.
166	166	(b) A county required under this section to establish a
167	167	DIVERT program shall apply for federal and state funds available to
168	168	pay the costs of the program. The criminal justice division of the
169	169	governor's office may assist a county in applying for federal funds
170	170	as required by this subsection.
171	171	(c) Notwithstanding Subsection (a), a county is required to
172	172	establish a DIVERT program under this section only if the county
173	173	receives federal or state funding specifically for that purpose.
174	174	(d) A county that does not establish a DIVERT program as
175	175	required by this section and maintain the program is ineligible to
176	176	receive from the state:
177	177	(1) funds for a community supervision and corrections
178	178	department; and
179	179	(2) grants for substance abuse treatment programs
180	180	administered by the criminal justice division of the governor's
181	181	office.
182	182	Sec. 470.008. USE OF OTHER DRUG AND ALCOHOL AWARENESS
183	183	PROGRAMS. (a) In addition to using a DIVERT program established
184	184	under this chapter, the commissioners court of a county or a court
185	185	may use other drug-awareness programs or drug-related and
186	186	alcohol-related driving awareness programs to treat persons
187	187	convicted of drug-related or alcohol-related offenses.
188	188	(b) If the county or municipality in which a person resides
189	189	has established both a DIVERT program under this chapter and a drug
190	190	court program under Section 123.005, Government Code, and if the
191	191	person is eligible to be a participant in both programs, the court
192	192	may order the person to participate in either program as the court
193	193	determines appropriate.
194	194	Sec. 470.009. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
195	195	REQUIREMENT. (a) Notwithstanding Sections 13 and 16, Article
196	196	42.12, Code of Criminal Procedure, to encourage participation in a
197	197	DIVERT program established under this chapter, the judge or
198	198	magistrate administering the program may suspend any requirement
199	199	that, as a condition of community supervision, a participant in the
200	200	program work a specified number of hours at a community service
201	201	project or projects.
202	202	(b) On a participant's successful completion of a DIVERT
203	203	program, a judge or magistrate may excuse the participant from any
204	204	condition of community supervision previously suspended under
205	205	Subsection (a).
206	206	Sec. 470.010. OCCUPATIONAL DRIVER'S LICENSE.
207	207	Notwithstanding Section 521.242, Transportation Code, if a
208	208	participant's driver's license has been suspended as a result of an
209	209	alcohol-related or drug-related enforcement contact, as defined by
210	210	Section 524.001, Transportation Code, or as a result of a
211	211	conviction under Section 49.04, Penal Code, or an adjudication of
212	212	conduct constituting an offense under that section, the judge or
213	213	magistrate administering a DIVERT program under this chapter may
214	214	order that an occupational license be issued to the participant. An
215	215	order issued under this section is subject to Sections
216	216	521.248-521.252, Transportation Code, except that any reference to
217	217	a petition under Section 521.242 of that code does not apply.
218	218	SECTION 2. Subchapter B, Chapter 103, Government Code, is
219	219	amended by adding Sections 103.0294 and 103.0295 to read as
220	220	follows:
221	221	Sec. 103.0294. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
222	222	HEALTH AND SAFETY CODE. A program fee for a DIVERT program
223	223	established under Section 470.003, Health and Safety Code, shall be
224	224	collected under Section 470.006, Health and Safety Code, in a
225	225	reasonable amount not to exceed $1,000.
226	226	Sec. 103.0295. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
227	227	HEALTH AND SAFETY CODE. A participant in a DIVERT program
228	228	administered under Chapter 470, Health and Safety Code, who is
229	229	ordered by the court to have an ignition interlock device installed
230	230	on the participant's vehicle or to obtain and use a breath analysis
231	231	mechanism shall pay a fee in an amount set by a court not to exceed
232	232	$10 in each month that the designated agency verifies the
233	233	installation of a device or the acquisition of a mechanism or
234	234	provides a monitoring service.
235	235	SECTION 3. (a) Except as provided by Subsection (b) of
236	236	this section, the commissioners court of a county shall establish a
237	237	DIVERT program as required by Section 470.007, Health and Safety
238	238	Code, as added by this Act, not later than September 1, 2016.
239	239	(b) A county is required under Section 470.007, Health and
240	240	Safety Code, as added by this Act, to establish a DIVERT program
241	241	only if the county receives federal funding specifically for that
242	242	purpose or the legislature appropriates money specifically for that
243	243	purpose. If the county does not receive federal funding
244	244	specifically for that purpose and the legislature does not
245	245	appropriate money specifically for that purpose, a county may, but
246	246	is not required to, establish a DIVERT program under Section
247	247	470.003, Health and Safety Code, as added by this Act, using other
248	248	money available for that purpose.
249	249	SECTION 4. This Act takes effect September 1, 2015.