Texas 2015 - 84th Regular

Texas Senate Bill SB1070 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hinojosa S.B. No. 1070
2		-	(Moody)
	1	+	S.B. No. 1070
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to allowing certain defendants to successfully complete
8	6		education at a substance abuse treatment facility in lieu of
9	7		attending an education program; changing required conditions of
10	8		community supervision for certain defendants.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 13, Article 42.12, Code of Criminal
13	11		Procedure, is amended by amending Subsections (h) and (j) and
14	12		adding Subsection (o) to read as follows:
15	13		(h) If a person convicted of an offense under Sections
16	14		49.04-49.08, Penal Code, is placed on community supervision, the
17	15		judge shall require, as a condition of the community supervision,
18	16		that the defendant attend and successfully complete before the
19	17		181st day after the day community supervision is granted an
20	18		educational program jointly approved by the Department of State
21	19		Health Services [Texas Commission on Alcohol and Drug Abuse], the
22	20		Department of Public Safety, the Traffic Safety Section of the
23	21		Texas Department of Transportation, and the community justice
24	22		assistance division of the Texas Department of Criminal Justice
25	23		designed to rehabilitate persons who have driven while
26	24		intoxicated. The executive commissioner of the Health and Human
27	25		Services [Texas] Commission [on Alcohol and Drug Abuse] shall
28	26		publish the jointly approved rules and the Department of State
29	27		Health Services shall monitor, coordinate, and provide training to
30	28		persons providing the educational programs. The Department of
31	29		State Health Services [Texas Commission on Alcohol and Drug Abuse]
32	30		is responsible for the administration of the certification of
33	31		approved educational programs and may charge a nonrefundable
34	32		application fee for the initial certification of approval and for
35	33		renewal of a certificate. The judge may waive the educational
36	34		program requirement or may grant an extension of time to
37	35		successfully complete the program that expires not later than one
38	36		year after the beginning date of the person's community
39	37		supervision, however, if the defendant by a motion in writing shows
40	38		good cause. In determining good cause, the judge may consider but
41	39		is not limited to: the defendant's school and work schedule, the
42	40		defendant's health, the distance that the defendant must travel to
43	41		attend an educational program, and the fact that the defendant
44	42		resides out of state, has no valid driver's license, or does not
45	43		have access to transportation. The judge shall waive the
46	44		educational program requirement if the defendant successfully
47	45		completes equivalent education at a residential treatment facility
48	46		under Subsection (o). The judge shall set out in the judgment the
49	47		finding of good cause for waiver or the finding that the defendant
50	48		has successfully completed equivalent education as provided by
51	49		Subsection (o), as applicable [in the judgment]. If a defendant is
52	50		required, as a condition of community supervision, to attend an
53	51		educational program or if the court waives the educational program
54	52		requirement or the defendant successfully completes equivalent
55	53		education under Subsection (o), the court clerk shall immediately
56	54		report that fact to the Department of Public Safety, on a form
57	55		prescribed by the department, for inclusion in the person's driving
58	56		record. If the court grants an extension of time in which the
59	57		person may complete the program, the court clerk shall immediately
60	58		report that fact to the Department of Public Safety on a form
61	59		prescribed by the department. The report must include the
62	60		beginning date of the person's community supervision. Upon the
63	61		person's successful completion of the educational program, the
64	62		person's instructor shall give notice to the Department of Public
65	63		Safety for inclusion in the person's driving record and to the
66	64		community supervision and corrections department. The community
67	65		supervision and corrections department shall then forward the
68	66		notice to the court clerk for filing. Upon release from a
69	67		residential treatment facility at which the person successfully
70	68		completed equivalent education under Subsection (o), at the request
71	69		of the court clerk, the director of the residential treatment
72	70		facility shall give notice to the Department of Public Safety for
73	71		inclusion in the person's driving record. If the Department of
74	72		Public Safety does not receive notice that a defendant required to
75	73		complete an educational program has successfully completed the
76	74		program within the period required by this section, as shown on
77	75		department records, the department shall revoke the defendant's
78	76		driver's license, permit, or privilege or prohibit the person from
79	77		obtaining a license or permit, as provided by Sections 521.344(e)
80	78		and (f), Transportation Code. The Department of Public Safety may
81	79		not reinstate a license suspended under this subsection unless the
82	80		person whose license was suspended makes application to the
83	81		department for reinstatement of the person's license and pays to
84	82		the department a reinstatement fee of $100. The Department of
85	83		Public Safety shall remit all fees collected under this subsection
86	84		to the comptroller for deposit in the general revenue fund. This
87	85		subsection does not apply to a defendant if a jury recommends
88	86		community supervision for the defendant and also recommends that
89	87		the defendant's driver's license not be suspended.
90	88		(j) The judge shall require a defendant who is punished
91	89		under Section 49.09, Penal Code, as a condition of community
92	90		supervision, to attend and successfully complete an educational
93	91		program for repeat offenders approved by the Department of State
94	92		Health Services [Texas Commission on Alcohol and Drug Abuse]. The
95	93		executive commissioner of the Health and Human Services [Texas]
96	94		Commission [on Alcohol and Drug Abuse] shall adopt rules and the
97	95		Department of State Health Services shall monitor, coordinate, and
98	96		provide training to persons providing the educational programs.
99	97		The Department of State Health Services [Texas Commission on
100	98		Alcohol and Drug Abuse] is responsible for the administration of
101	99		the certification of approved educational programs and may charge a
102	100		nonrefundable application fee for initial certification of
103	101		approval or for renewal of the certification. The judge may waive
104	102		the educational program requirement [only] if the defendant by a
105	103		motion in writing shows good cause. In determining good cause, the
106	104		judge may consider the defendant's school and work schedule, the
107	105		defendant's health, the distance that the defendant must travel to
108	106		attend an educational program, and whether the defendant resides
109	107		out of state or does not have access to transportation. The judge
110	108		shall waive the educational program requirement if the defendant
111	109		successfully completes equivalent education at a residential
112	110		treatment facility under Subsection (o). The judge shall set out in
113	111		the judgment the finding of good cause for waiver or the finding
114	112		that the defendant has successfully completed equivalent education
115	113		as provided by Subsection (o), as applicable [in the judgment]. If
116	114		a defendant is required, as a condition of community supervision,
117	115		to attend an educational program, the court clerk shall immediately
118	116		report that fact to the Department of Public Safety, on a form
119	117		prescribed by the department, for inclusion in the defendant's
120	118		driving record. The report must include the beginning date of the
121	119		defendant's community supervision. On the defendant's successful
122	120		completion of the educational program for repeat offenders, the
123	121		defendant's instructor shall give notice to the Department of
124	122		Public Safety for inclusion in the defendant's driving record and
125	123		to the community supervision and corrections department. The
126	124		community supervision and corrections department shall then
127	125		forward the notice to the court clerk for filing. If the Department
128	126		of Public Safety does not receive notice that a defendant required
129	127		to complete an educational program has successfully completed the
130	128		program for repeat offenders within the period required by the
131	129		judge, as shown on department records, the department shall revoke
132	130		the defendant's driver's license, permit, or privilege or prohibit
133	131		the defendant from obtaining a license or permit, as provided by
134	132		Sections 521.344(e) and (f), Transportation Code.
135	133		(o) A judge shall waive the educational requirement under
136	134		Subsection (h) or (j) for a defendant who is required to receive
137	135		treatment as a resident of a substance abuse treatment facility as a
138	136		condition of community supervision if the defendant successfully
139	137		completes equivalent education while the defendant is confined to
140	138		the residential treatment facility. The Department of State Health
141	139		Services shall approve equivalent education provided at substance
142	140		abuse treatment facilities and the executive commissioner of the
143	141		Health and Human Services Commission shall adopt rules to implement
144	142		this subsection. For purposes of this subsection, a substance
145	143		abuse treatment facility includes:
146	144		(1) a substance abuse treatment facility or substance
147	145		abuse felony punishment facility operated by the Texas Department
148	146		of Criminal Justice under Section 493.009, Government Code;
149	147		(2) a community corrections facility, as defined by
150	148		Section 509.001, Government Code; or
151	149		(3) a chemical dependency treatment facility licensed
152	150		under Chapter 464, Health and Safety Code.
153	151		SECTION 2. Sections 521.374, 521.375, and 521.376,
154	152		Transportation Code, are amended to read as follows:
155	153		Sec. 521.374. EDUCATIONAL PROGRAM OR EQUIVALENT EDUCATION.
156	154		(a) A person whose license is suspended under Section 521.372 may:
157	155		(1) attend an educational program, approved by the
158	156		Department of State Health Services [Texas Commission on Alcohol
159	157		and Drug Abuse] under rules adopted by the executive commissioner
160	158		of the Health and Human Services Commission [commission] and the
161	159		department, that is designed to educate persons on the dangers of
162	160		drug abuse; or
163	161		(2) successfully complete education on the dangers of
164	162		drug abuse approved by the Department of State Health Services as
165	163		equivalent to the educational program described by Subdivision (1),
166	164		while the person is a resident of a facility for the treatment of
167	165		drug abuse or chemical dependency, including:
168	166		(A) a substance abuse treatment facility or
169	167		substance abuse felony punishment facility operated by the Texas
170	168		Department of Criminal Justice under Section 493.009, Government
171	169		Code;
172	170		(B) a community corrections facility, as defined
173	171		by Section 509.001, Government Code; or
174	172		(C) a chemical dependency treatment facility
175	173		licensed under Chapter 464, Health and Safety Code.
176	174		(b) The period of suspension or prohibition under Section
177	175		521.372(c) continues for an indefinite period until the individual
178	176		successfully completes the educational program or is released from
179	177		the residential treatment facility at which the individual
180	178		successfully completed equivalent education, as applicable.
181	179		Sec. 521.375. JOINT ADOPTION OF RULES. (a) The executive
182	180		commissioner of the Health and Human Services [Texas] Commission
183	181		[on Alcohol and Drug Abuse] and the department shall jointly adopt
184	182		rules for the qualification and approval of:
185	183		(1) providers of educational programs under Section
186	184		521.374(a)(1); and
187	185		(2) equivalent education provided in a residential
188	186		treatment facility described by Section 521.374(a)(2) [521.374].
189	187		(b) The Department of State Health Services [Texas
190	188		Commission on Alcohol and Drug Abuse] shall publish the jointly
191	189		adopted rules.
192	190		Sec. 521.376. DUTIES OF DEPARTMENT OF STATE HEALTH SERVICES
193	191		[TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE]; APPLICATION AND
194	192		RENEWAL FEES. The Department of State Health Services [Texas
195	193		Commission on Alcohol and Drug Abuse]:
196	194		(1) shall monitor, coordinate, and provide training
197	195		to:
198	196		(A) persons who provide educational programs
199	197		under Section 521.374(a)(1) [521.374]; and
200	198		(B) residential treatment facilities described
201	199		by Section 521.374(a)(2) providing equivalent education;
202	200		(2) shall administer the approval of the [those]
203	201		educational programs and the equivalent education provided in a
204	202		residential treatment facility; and
205	203		(3) may charge a nonrefundable application fee to the
206	204		provider of an educational program under Section 521.374(a)(1) for:
207	205		(A) initial certification of approval; and
208	206		(B) renewal of the certification.
209	207		SECTION 3. Section 521.377(a), Transportation Code, is
210	208		amended to read as follows:
211	209		(a) The department, on payment of the applicable fee, shall
212	210		reinstate a person's license or, if the person otherwise qualifies
213	211		for a license, issue the license, if:
214	212		(1) the department receives notification from the
215	213		clerk of the court in which the person was convicted that the person
216	214		has successfully completed an educational program under Section
217	215		521.374(a)(1) or equivalent education in a residential treatment
218	216		facility under Section 521.374(a)(2) [this subchapter]; and
219	217		(2) the person's driver's license has been suspended
220	218		or license application denied for at least the period provided by
221	219		Section 521.372(c).
222	220		SECTION 4. (a) The change in law made by this Act to
223	221		Section 13, Article 42.12, Code of Criminal Procedure, applies to a
224	222		defendant placed on community supervision on or after the effective
225	223		date of this Act, regardless of whether the offense for which the
226	224		defendant was placed on community supervision occurred before, on,
227	225		or after that date.
228	226		(b) The change in law made by this Act to Subchapter P,
229	227		Chapter 521, Transportation Code, applies to a person whose
230	228		driver's license is suspended on final conviction of an offense on
231	229		or after the effective date of this Act, regardless of whether the
232	230		offense occurred before, on, or after that date.
233	231		SECTION 5. This Act takes effect September 1, 2015.
	232	+	______________________________ ______________________________
	233	+	President of the Senate Speaker of the House
	234	+	I hereby certify that S.B. No. 1070 passed the Senate on
	235	+	April 27, 2015, by the following vote: Yeas 30, Nays 0.
	236	+	______________________________
	237	+	Secretary of the Senate
	238	+	I hereby certify that S.B. No. 1070 passed the House on
	239	+	May 26, 2015, by the following vote: Yeas 135, Nays 1, two
	240	+	present not voting.
	241	+	______________________________
	242	+	Chief Clerk of the House
	243	+	Approved:
	244	+	______________________________
	245	+	Date
	246	+	______________________________
	247	+	Governor