Texas 2015 - 84th Regular

Texas Senate Bill SB1310 Compare Versions

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

Old	New	Differences
1	1	84R11776 GCB-F
2	2	By: Menéndez S.B. No. 1310
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of and eligibility for participation
8	8	in a veterans court program and the automatic expunction of arrest
9	9	records and files for certain veterans who successfully complete
10	10	that program; imposing a court cost on conviction to benefit
11	11	veterans court programs; changing a fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	(a) A person who has been placed under a custodial or
16	16	noncustodial arrest for commission of either a felony or
17	17	misdemeanor is entitled to have all records and files relating to
18	18	the arrest expunged if:
19	19	(1) the person is tried for the offense for which the
20	20	person was arrested and is:
21	21	(A) acquitted by the trial court, except as
22	22	provided by Subsection (c); or
23	23	(B) convicted and subsequently:
24	24	(i) pardoned for a reason other than that
25	25	described by Subparagraph (ii); or
26	26	(ii) pardoned or otherwise granted relief
27	27	on the basis of actual innocence with respect to that offense, if
28	28	the applicable pardon or court order clearly indicates on its face
29	29	that the pardon or order was granted or rendered on the basis of the
30	30	person's actual innocence; or
31	31	(2) the person has been released and the charge, if
32	32	any, has not resulted in a final conviction and is no longer pending
33	33	and there was no court-ordered community supervision under Article
34	34	42.12 for the offense, unless the offense is a Class C misdemeanor,
35	35	provided that:
36	36	(A) regardless of whether any statute of
37	37	limitations exists for the offense and whether any limitations
38	38	period for the offense has expired, an indictment or information
39	39	charging the person with the commission of a misdemeanor offense
40	40	based on the person's arrest or charging the person with the
41	41	commission of any felony offense arising out of the same
42	42	transaction for which the person was arrested:
43	43	(i) has not been presented against the
44	44	person at any time following the arrest, and:
45	45	(a) at least 180 days have elapsed
46	46	from the date of arrest if the arrest for which the expunction was
47	47	sought was for an offense punishable as a Class C misdemeanor and if
48	48	there was no felony charge arising out of the same transaction for
49	49	which the person was arrested;
50	50	(b) at least one year has elapsed from
51	51	the date of arrest if the arrest for which the expunction was sought
52	52	was for an offense punishable as a Class B or A misdemeanor and if
53	53	there was no felony charge arising out of the same transaction for
54	54	which the person was arrested;
55	55	(c) at least three years have elapsed
56	56	from the date of arrest if the arrest for which the expunction was
57	57	sought was for an offense punishable as a felony or if there was a
58	58	felony charge arising out of the same transaction for which the
59	59	person was arrested; or
60	60	(d) the attorney representing the
61	61	state certifies that the applicable arrest records and files are
62	62	not needed for use in any criminal investigation or prosecution,
63	63	including an investigation or prosecution of another person; or
64	64	(ii) if presented at any time following the
65	65	arrest, was dismissed or quashed, and the court finds that the
66	66	indictment or information was dismissed or quashed because:
67	67	(a) the person completed a veterans
68	68	court program created under Chapter 124, Government Code, or former
69	69	law;
70	70	(b) the person completed a pretrial
71	71	intervention program authorized under Section 76.011, Government
72	72	Code, other than a veterans court program created under Chapter
73	73	124, Government Code, or former law;
74	74	(c) [because] the presentment had
75	75	been made because of mistake, false information, or other similar
76	76	reason indicating absence of probable cause at the time of the
77	77	dismissal to believe the person committed the offense; or
78	78	(d) [, or because] the indictment or
79	79	information was void; or
80	80	(B) prosecution of the person for the offense for
81	81	which the person was arrested is no longer possible because the
82	82	limitations period has expired.
83	83	SECTION 2. Section 1a, Article 55.02, Code of Criminal
84	84	Procedure, is amended by adding Subsection (a-1) to read as
85	85	follows:
86	86	(a-1) A trial court dismissing a case following a person's
87	87	successful completion of a veterans court program created under
88	88	Chapter 124, Government Code, or former law, if the trial court is a
89	89	district court, or a district court in the county in which the trial
90	90	court is located shall enter an order of expunction for a person
91	91	entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not
92	92	later than the 30th day after the date the court dismisses the case
93	93	or receives the information regarding that dismissal, as
94	94	applicable.
95	95	SECTION 3. Section 2(a), Article 55.02, Code of Criminal
96	96	Procedure, is amended to read as follows:
97	97	(a) A person who is entitled to expunction of records and
98	98	files under Article 55.01(a)(1)(B)(i) or under Article
99	99	55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
100	100	who is eligible for expunction of records and files under Article
101	101	55.01(b) may file an ex parte petition for expunction in a district
102	102	court for the county in which:
103	103	(1) the petitioner was arrested; or
104	104	(2) the offense was alleged to have occurred.
105	105	SECTION 4. Subchapter A, Chapter 102, Code of Criminal
106	106	Procedure, is amended by adding Article 102.0179 to read as
107	107	follows:
108	108	Art. 102.0179. COST ON CONVICTION TO BENEFIT VETERANS COURT
109	109	PROGRAMS. (a) In addition to other costs on conviction imposed by
110	110	this chapter, to benefit veterans court programs in this state a
111	111	person shall pay $2 as a court cost on conviction of any misdemeanor
112	112	or felony offense.
113	113	(b) For purposes of this article, a person is considered to
114	114	have been convicted if:
115	115	(1) a sentence is imposed; or
116	116	(2) the defendant receives community supervision or
117	117	deferred adjudication.
118	118	(c) Court costs under this article are collected in the same
119	119	manner as other fines or costs. An officer collecting the costs
120	120	shall keep separate records of the funds collected as costs under
121	121	this article and shall deposit the funds in the county treasury, as
122	122	appropriate.
123	123	(d) The custodian of a county treasury shall:
124	124	(1) keep records of the amount of funds on deposit
125	125	collected under this article; and
126	126	(2) except as provided by Subsection (e), send to the
127	127	comptroller before the last day of the first month following each
128	128	calendar quarter the funds collected under this article during the
129	129	preceding quarter.
130	130	(e) If a county has established a veterans court program or
131	131	establishes a veterans court program before the expiration of the
132	132	calendar quarter, the county is entitled to retain 60 percent of the
133	133	funds collected under this article by an officer of the county
134	134	during the calendar quarter to be used exclusively for the
135	135	development and maintenance of veterans court programs operated
136	136	within the county.
137	137	(f) If no funds due as costs under this article are
138	138	deposited in a county treasury in a calendar quarter, the custodian
139	139	of the treasury shall file the report required for the quarter in
140	140	the regular manner and must state that no funds were collected.
141	141	(g) The comptroller shall deposit the funds received under
142	142	this article to the credit of the veterans court account in the
143	143	general revenue fund to help fund veterans court programs
144	144	established under Chapter 124, Government Code, or former law. The
145	145	legislature shall appropriate money from the account solely to the
146	146	criminal justice division of the governor's office for distribution
147	147	to veterans court programs that apply for the money.
148	148	(h) Funds collected under this article are subject to audit
149	149	by the comptroller.
150	150	SECTION 5. Subchapter B, Chapter 102, Government Code, is
151	151	amended by adding Section 102.02111 to read as follows:
152	152	Sec. 102.02111. ADDITIONAL COURT COSTS ON CONVICTION: CODE
153	153	OF CRIMINAL PROCEDURE. A person convicted of a misdemeanor or
154	154	felony offense shall pay, in addition to all other costs, a court
155	155	cost on conviction to benefit veterans court programs in this state
156	156	(Art. 102.0179, Code of Criminal Procedure). . . $2.
157	157	SECTION 6. Section 103.0271, Government Code, is amended to
158	158	read as follows:
159	159	Sec. 103.0271. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
160	160	GOVERNMENT CODE. Fees and costs shall be paid or collected under
161	161	the Government Code as follows:
162	162	(1) a program fee for a drug court program (Sec.
163	163	123.004, Government Code) . . . not to exceed $1,000;
164	164	(2) an alcohol or controlled substance testing,
165	165	counseling, and treatment fee (Sec. 123.004, Government
166	166	Code) . . . the amount necessary to cover the costs of testing,
167	167	counseling, and treatment;
168	168	(3) a reasonable program fee for a veterans court
169	169	program (Sec. 124.005, Government Code) . . . not to exceed $500
170	170	[$1,000]; and
171	171	(4) a testing, counseling, and treatment fee for
172	172	testing, counseling, or treatment performed or provided under a
173	173	veterans court program (Sec. 124.005, Government Code) . . . the
174	174	amount necessary to cover the costs of testing, counseling, or
175	175	treatment.
176	176	SECTION 7. Section 124.001(b), Government Code, is amended
177	177	to read as follows:
178	178	(b) If a defendant successfully completes a veterans court
179	179	program [as authorized under Section 76.011], after notice to the
180	180	attorney representing the state and a hearing in the veterans court
181	181	at which that court determines that a dismissal is in the best
182	182	interest of justice, the veterans court shall provide to the court
183	183	in which the criminal case is pending information about the
184	184	dismissal and shall include all of the information required for a
185	185	petition for expunction under Section 2(b), Article 55.02, Code of
186	186	Criminal Procedure. The court in which the criminal case is pending
187	187	shall dismiss the criminal action against the defendant and:
188	188	(1) if that trial court is a district court, the court
189	189	shall enter an order of expunction on behalf of the defendant under
190	190	Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or
191	191	(2) if that trial court is not a district court, the
192	192	court shall forward the appropriate dismissal and expunction
193	193	information to a district court with jurisdiction to enter an order
194	194	of expunction on behalf of the defendant under Section 1a(a-1),
195	195	Article 55.02, Code of Criminal Procedure.
196	196	SECTION 8. Section 124.002(a), Government Code, is amended
197	197	to read as follows:
198	198	(a) The commissioners court of a county may establish a
199	199	veterans court program for persons arrested for or charged with any
200	200	misdemeanor or felony offense. A defendant is eligible to
201	201	participate in a veterans court program established under this
202	202	chapter only if the attorney representing the state consents to the
203	203	defendant's participation in the program and if the court in which
204	204	the criminal case is pending finds that the defendant[:
205	205	[(1)] is a veteran or current member of the United
206	206	States armed forces, including a member of the reserves, national
207	207	guard, or state guard[; and
208	208	[(2) suffers from a brain injury, mental illness, or
209	209	mental disorder, including post-traumatic stress disorder, that:
210	210	[(A) resulted from the defendant's military
211	211	service in a combat zone or other similar hazardous duty area; and
212	212	[(B) materially affected the defendant's
213	213	criminal conduct at issue in the case].
214	214	SECTION 9. Section 124.005(a), Government Code, is amended
215	215	to read as follows:
216	216	(a) A veterans court program established under this chapter
217	217	may collect from a participant in the program:
218	218	(1) a reasonable program fee not to exceed $500
219	219	[$1,000]; and
220	220	(2) a testing, counseling, and treatment fee in an
221	221	amount necessary to cover the costs of any testing, counseling, or
222	222	treatment performed or provided under the program.
223	223	SECTION 10. Chapter 124, Government Code, is amended by
224	224	adding Section 124.006 to read as follows:
225	225	Sec. 124.006. TRANSFER OF SUPERVISION. A veterans court
226	226	program may transfer responsibility for a participant's
227	227	supervision to another veterans court program in the participant's
228	228	county of residence or to a different county selected by the
229	229	participant.
230	230	SECTION 11. Section 124.002(c), Government Code, is
231	231	repealed.
232	232	SECTION 12. (a) The changes in law made by this Act to
233	233	Chapter 55, Code of Criminal Procedure, and to Section 124.001(b),
234	234	Government Code, apply to the expunction of arrest records and
235	235	files for a person who successfully completes a veterans court
236	236	program under Chapter 124, Government Code, or former law, before,
237	237	on, or after the effective date of this Act, regardless of when the
238	238	underlying arrest occurred.
239	239	(b) For a person who is entitled to expunction under Article
240	240	55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by
241	241	this Act, based on a successful completion of a veterans court
242	242	program under Chapter 124, Government Code, or former law, before
243	243	the effective date of this Act, notwithstanding the 30-day time
244	244	limit provided for the court to enter an automatic order of
245	245	expunction under Section 1a(a-1), Article 55.02, Code of Criminal
246	246	Procedure, as added by this Act, the court shall enter an order of
247	247	expunction for the person as soon as practicable after the court
248	248	receives written notice from any party to the case about the
249	249	person's entitlement to the expunction.
250	250	(c) Article 102.0179, Code of Criminal Procedure, as added
251	251	by this Act, applies only to a cost on conviction for an offense
252	252	committed on or after the effective date of this Act. An offense
253	253	committed before the effective date of this Act is governed by the
254	254	law in effect on the date the offense was committed, and the former
255	255	law is continued in effect for that purpose. For purposes of this
256	256	subsection, an offense was committed before the effective date of
257	257	this Act if any element of the offense occurred before that date.
258	258	(d) The change in law made by this Act to Sections
259	259	124.002(a) and 124.005(a), Government Code, applies to a person
260	260	who, on or after the effective date of this Act, enters a veterans
261	261	court program under Chapter 124, Government Code, regardless of
262	262	whether the person committed the offense for which the person
263	263	enters the program before, on, or after the effective date of this
264	264	Act.
265	265	(e) The change in law made by this Act in adding Section
266	266	124.006, Government Code, applies to a person who, on or after the
267	267	effective date of this Act, is under the supervision of a veterans
268	268	court program.
269	269	SECTION 13. To the extent of any conflict, this Act prevails
270	270	over another Act of the 84th Legislature, Regular Session, 2015,
271	271	relating to nonsubstantive additions to and corrections in enacted
272	272	codes.
273	273	SECTION 14. This Act takes effect September 1, 2015.