84R4258 JSC-D
By: Hinojosa S.B. No. 1070
A BILL TO BE ENTITLED
AN ACT
relating to allowing certain defendants to receive education at a
substance abuse treatment facility in lieu of attending an
education program; changing required conditions of community
supervision for certain defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13, Article 42.12, Code of Criminal
Procedure, is amended by amending Subsections (h) and (j) and
adding Subsection (o) to read as follows:
(h) If a person convicted of an offense under Sections
49.04-49.08, Penal Code, is placed on community supervision, the
judge shall require, as a condition of the community supervision,
that the defendant attend and successfully complete before the
181st day after the day community supervision is granted an
educational program jointly approved by the Department of State
Health Services [Texas Commission on Alcohol and Drug Abuse], the
Department of Public Safety, the Traffic Safety Section of the
Texas Department of Transportation, and the community justice
assistance division of the Texas Department of Criminal Justice
designed to rehabilitate persons who have driven while
intoxicated. The executive commissioner of the Health and Human
Services [Texas] Commission [on Alcohol and Drug Abuse] shall
publish the jointly approved rules and the Department of State
Health Services shall monitor, coordinate, and provide training to
persons providing the educational programs. The Department of
State Health Services [Texas Commission on Alcohol and Drug Abuse]
is responsible for the administration of the certification of
approved educational programs and may charge a nonrefundable
application fee for the initial certification of approval and for
renewal of a certificate. The judge may waive the educational
program requirement or may grant an extension of time to
successfully complete the program that expires not later than one
year after the beginning date of the person's community
supervision, however, if the defendant by a motion in writing shows
good cause. In determining good cause, the judge may consider but
is not limited to: the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and the fact that the defendant
resides out of state, has no valid driver's license, or does not
have access to transportation. The judge shall waive the
educational program requirement if the defendant participates in
equivalent education at a residential treatment facility under
Subsection (o). The judge shall set out in the judgment the finding
of good cause for waiver or the finding that the defendant has
received equivalent education as provided by Subsection (o), as
applicable [in the judgment]. If a defendant is required, as a
condition of community supervision, to attend an educational
program or if the court waives the educational program requirement
or the defendant participates in equivalent education under
Subsection (o), the court clerk shall immediately report that fact
to the Department of Public Safety, on a form prescribed by the
department, for inclusion in the person's driving record. If the
court grants an extension of time in which the person may complete
the program, the court clerk shall immediately report that fact to
the Department of Public Safety on a form prescribed by the
department. The report must include the beginning date of the
person's community supervision. Upon the person's successful
completion of the educational program, the person's instructor
shall give notice to the Department of Public Safety for inclusion
in the person's driving record and to the community supervision and
corrections department. The community supervision and corrections
department shall then forward the notice to the court clerk for
filing. Upon release from a residential treatment facility at
which the person received equivalent education under Subsection
(o), at the request of the court clerk, the director of the
residential treatment facility shall give notice to the Department
of Public Safety for inclusion in the person's driving record. If
the Department of Public Safety does not receive notice that a
defendant required to complete an educational program has
successfully completed the program within the period required by
this section, as shown on department records, the department shall
revoke the defendant's driver's license, permit, or privilege or
prohibit the person from obtaining a license or permit, as provided
by Sections 521.344(e) and (f), Transportation Code. The
Department of Public Safety may not reinstate a license suspended
under this subsection unless the person whose license was suspended
makes application to the department for reinstatement of the
person's license and pays to the department a reinstatement fee of
$100. The Department of Public Safety shall remit all fees
collected under this subsection to the comptroller for deposit in
the general revenue fund. This subsection does not apply to a
defendant if a jury recommends community supervision for the
defendant and also recommends that the defendant's driver's license
not be suspended.
(j) The judge shall require a defendant who is punished
under Section 49.09, Penal Code, as a condition of community
supervision, to attend and successfully complete an educational
program for repeat offenders approved by the Department of State
Health Services [Texas Commission on Alcohol and Drug Abuse]. The
executive commissioner of the Health and Human Services [Texas]
Commission [on Alcohol and Drug Abuse] shall adopt rules and the
Department of State Health Services shall monitor, coordinate, and
provide training to persons providing the educational programs.
The Department of State Health Services [Texas Commission on
Alcohol and Drug Abuse] is responsible for the administration of
the certification of approved educational programs and may charge a
nonrefundable application fee for initial certification of
approval or for renewal of the certification. The judge may waive
the educational program requirement [only] if the defendant by a
motion in writing shows good cause. In determining good cause, the
judge may consider the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and whether the defendant resides
out of state or does not have access to transportation. The judge
shall waive the educational program requirement if the defendant
participates in equivalent education at a residential treatment
facility under Subsection (o). The judge shall set out in the
judgment the finding of good cause for waiver or the finding that
the defendant has received equivalent education as provided by
Subsection (o), as applicable [in the judgment]. If a defendant is
required, as a condition of community supervision, to attend an
educational program, the court clerk shall immediately report that
fact to the Department of Public Safety, on a form prescribed by the
department, for inclusion in the defendant's driving record. The
report must include the beginning date of the defendant's community
supervision. On the defendant's successful completion of the
educational program for repeat offenders, the defendant's
instructor shall give notice to the Department of Public Safety for
inclusion in the defendant's driving record and to the community
supervision and corrections department. The community supervision
and corrections department shall then forward the notice to the
court clerk for filing. If the Department of Public Safety does not
receive notice that a defendant required to complete an educational
program has successfully completed the program for repeat offenders
within the period required by the judge, as shown on department
records, the department shall revoke the defendant's driver's
license, permit, or privilege or prohibit the defendant from
obtaining a license or permit, as provided by Sections 521.344(e)
and (f), Transportation Code.
(o) A judge shall waive the educational requirement under
Subsection (h) or (j) for a defendant who is required to receive
treatment as a resident of a substance abuse treatment facility as a
condition of community supervision if the defendant receives
equivalent education while the defendant is confined to the
residential treatment facility. The Department of State Health
Services shall approve equivalent education provided at substance
abuse treatment facilities and the executive commissioner of the
Health and Human Services Commission shall adopt rules to implement
this subsection. For purposes of this subsection, a substance
abuse treatment facility includes:
(1) a substance abuse treatment facility or substance
abuse felony punishment facility operated by the Texas Department
of Criminal Justice under Section 493.009, Government Code; or
(2) a chemical dependency treatment facility licensed
under Chapter 464, Health and Safety Code.
SECTION 2. Sections 521.374, 521.375, and 521.376,
Transportation Code, are amended to read as follows:
Sec. 521.374. EDUCATIONAL PROGRAM OR EQUIVALENT EDUCATION.
(a) A person whose license is suspended under Section 521.372 may:
(1) attend an educational program, approved by the
Department of State Health Services [Texas Commission on Alcohol
and Drug Abuse] under rules adopted by the executive commissioner
of the Health and Human Services Commission [commission] and the
department, that is designed to educate persons on the dangers of
drug abuse; or
(2) receive education on the dangers of drug abuse
approved by the Department of State Health Services as equivalent
to the educational program described by Subdivision (1), while the
person is a resident of a facility for the treatment of drug abuse
or chemical dependency, including:
(A) a substance abuse treatment facility or
substance abuse felony punishment facility operated by the Texas
Department of Criminal Justice under Section 493.009, Government
Code; or
(B) a chemical dependency treatment facility
licensed under Chapter 464, Health and Safety Code.
(b) The period of suspension or prohibition under Section
521.372(c) continues for an indefinite period until the individual
successfully completes the educational program or is released from
the residential treatment facility at which the individual received
equivalent education, as applicable.
Sec. 521.375. JOINT ADOPTION OF RULES. (a) The executive
commissioner of the Health and Human Services [Texas] Commission
[on Alcohol and Drug Abuse] and the department shall jointly adopt
rules for the qualification and approval of:
(1) providers of educational programs under Section
521.374(a)(1); and
(2) equivalent education provided in a residential
treatment facility described by Section 521.374(a)(2) [521.374].
(b) The Department of State Health Services [Texas
Commission on Alcohol and Drug Abuse] shall publish the jointly
adopted rules.
Sec. 521.376. DUTIES OF DEPARTMENT OF STATE HEALTH SERVICES
[TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE]; APPLICATION AND
RENEWAL FEES. The Department of State Health Services [Texas
Commission on Alcohol and Drug Abuse]:
(1) shall monitor, coordinate, and provide training
to:
(A) persons who provide educational programs
under Section 521.374(a)(1) [521.374]; and
(B) residential treatment facilities described
by Section 521.374(a)(2) providing equivalent education;
(2) shall administer the approval of the [those]
educational programs and the equivalent education provided in a
residential treatment facility; and
(3) may charge a nonrefundable application fee to the
provider of an educational program under Section 521.374(a)(1) for:
(A) initial certification of approval; and
(B) renewal of the certification.
SECTION 3. Section 521.377(a), Transportation Code, is
amended to read as follows:
(a) The department, on payment of the applicable fee, shall
reinstate a person's license or, if the person otherwise qualifies
for a license, issue the license, if:
(1) the department receives notification from the
clerk of the court in which the person was convicted that the person
has successfully completed an educational program under Section
521.374(a)(1) or equivalent education in a residential treatment
facility under Section 521.374(a)(2) [this subchapter]; and
(2) the person's driver's license has been suspended
or license application denied for at least the period provided by
Section 521.372(c).
SECTION 4. (a) The change in law made by this Act to Section
13, Article 42.12, Code of Criminal Procedure, applies to a
defendant placed on community supervision on or after the effective
date of this Act, regardless of whether the offense for which the
defendant was placed on community supervision occurred before, on,
or after that date.
(b) The change in law made by this Act to Subchapter P,
Chapter 521, Transportation Code, applies to a person whose
driver's license is suspended on final conviction of an offense on
or after the effective date of this Act, regardless of whether the
offense occurred before, on, or after that date.
SECTION 5. This Act takes effect September 1, 2015.