84R11776 GCB-F
By: Menéndez S.B. No. 1310
A BILL TO BE ENTITLED
AN ACT
relating to the administration of and eligibility for participation
in a veterans court program and the automatic expunction of arrest
records and files for certain veterans who successfully complete
that program; imposing a court cost on conviction to benefit
veterans court programs; changing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Article
42.12 for the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because:
(a) the person completed a veterans
court program created under Chapter 124, Government Code, or former
law;
(b) the person completed a pretrial
intervention program authorized under Section 76.011, Government
Code, other than a veterans court program created under Chapter
124, Government Code, or former law;
(c) [because] the presentment had
been made because of mistake, false information, or other similar
reason indicating absence of probable cause at the time of the
dismissal to believe the person committed the offense; or
(d) [, or because] the indictment or
information was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
SECTION 2. Section 1a, Article 55.02, Code of Criminal
Procedure, is amended by adding Subsection (a-1) to read as
follows:
(a-1) A trial court dismissing a case following a person's
successful completion of a veterans court program created under
Chapter 124, Government Code, or former law, if the trial court is a
district court, or a district court in the county in which the trial
court is located shall enter an order of expunction for a person
entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not
later than the 30th day after the date the court dismisses the case
or receives the information regarding that dismissal, as
applicable.
SECTION 3. Section 2(a), Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
(a) A person who is entitled to expunction of records and
files under Article 55.01(a)(1)(B)(i) or under Article
55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
who is eligible for expunction of records and files under Article
55.01(b) may file an ex parte petition for expunction in a district
court for the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
SECTION 4. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0179 to read as
follows:
Art. 102.0179. COST ON CONVICTION TO BENEFIT VETERANS COURT
PROGRAMS. (a) In addition to other costs on conviction imposed by
this chapter, to benefit veterans court programs in this state a
person shall pay $2 as a court cost on conviction of any misdemeanor
or felony offense.
(b) For purposes of this article, a person is considered to
have been convicted if:
(1) a sentence is imposed; or
(2) the defendant receives community supervision or
deferred adjudication.
(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 treasury, as
appropriate.
(d) The custodian of a county treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) except as provided by Subsection (e), send to the
comptroller before the last day of the first month following each
calendar quarter the funds collected under this article during the
preceding quarter.
(e) If a county has established a veterans court program or
establishes a veterans court program before the expiration of the
calendar quarter, the county is entitled to retain 60 percent of the
funds collected under this article by an officer of the county
during the calendar quarter to be used exclusively for the
development and maintenance of veterans court programs operated
within the county.
(f) If no funds due as costs under this article are
deposited in a county 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 veterans court account in the
general revenue fund to help fund veterans court programs
established under Chapter 124, Government Code, or former law. The
legislature shall appropriate money from the account solely to the
criminal justice division of the governor's office for distribution
to veterans court programs that apply for the money.
(h) Funds collected under this article are subject to audit
by the comptroller.
SECTION 5. Subchapter B, Chapter 102, Government Code, is
amended by adding Section 102.02111 to read as follows:
Sec. 102.02111. ADDITIONAL COURT COSTS ON CONVICTION: CODE
OF CRIMINAL PROCEDURE. A person convicted of a misdemeanor or
felony offense shall pay, in addition to all other costs, a court
cost on conviction to benefit veterans court programs in this state
(Art. 102.0179, Code of Criminal Procedure). . . $2.
SECTION 6. Section 103.0271, Government Code, is amended to
read as follows:
Sec. 103.0271. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
GOVERNMENT CODE. Fees and costs shall be paid or collected under
the Government Code as follows:
(1) a program fee for a drug court program (Sec.
123.004, Government Code) . . . not to exceed $1,000;
(2) an alcohol or controlled substance testing,
counseling, and treatment fee (Sec. 123.004, Government
Code) . . . the amount necessary to cover the costs of testing,
counseling, and treatment;
(3) a reasonable program fee for a veterans court
program (Sec. 124.005, Government Code) . . . not to exceed $500
[$1,000]; and
(4) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans court program (Sec. 124.005, Government Code) . . . the
amount necessary to cover the costs of testing, counseling, or
treatment.
SECTION 7. Section 124.001(b), Government Code, is amended
to read as follows:
(b) If a defendant successfully completes a veterans court
program [as authorized under Section 76.011], after notice to the
attorney representing the state and a hearing in the veterans court
at which that court determines that a dismissal is in the best
interest of justice, the veterans court shall provide to the court
in which the criminal case is pending information about the
dismissal and shall include all of the information required for a
petition for expunction under Section 2(b), Article 55.02, Code of
Criminal Procedure. The court in which the criminal case is pending
shall dismiss the criminal action against the defendant and:
(1) if that trial court is a district court, the court
shall enter an order of expunction on behalf of the defendant under
Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or
(2) if that trial court is not a district court, the
court shall forward the appropriate dismissal and expunction
information to a district court with jurisdiction to enter an order
of expunction on behalf of the defendant under Section 1a(a-1),
Article 55.02, Code of Criminal Procedure.
SECTION 8. Section 124.002(a), Government Code, is amended
to read as follows:
(a) The commissioners court of a county may establish a
veterans court program for persons arrested for or charged with any
misdemeanor or felony offense. A defendant is eligible to
participate in a veterans court program established under this
chapter only if the attorney representing the state consents to the
defendant's participation in the program and if the court in which
the criminal case is pending finds that the defendant[:
[(1)] is a veteran or current member of the United
States armed forces, including a member of the reserves, national
guard, or state guard[; and
[(2) suffers from a brain injury, mental illness, or
mental disorder, including post-traumatic stress disorder, that:
[(A) resulted from the defendant's military
service in a combat zone or other similar hazardous duty area; and
[(B) materially affected the defendant's
criminal conduct at issue in the case].
SECTION 9. Section 124.005(a), Government Code, is amended
to read as follows:
(a) A veterans court program established under this chapter
may collect from a participant in the program:
(1) a reasonable program fee not to exceed $500
[$1,000]; and
(2) a testing, counseling, and treatment fee in an
amount necessary to cover the costs of any testing, counseling, or
treatment performed or provided under the program.
SECTION 10. Chapter 124, Government Code, is amended by
adding Section 124.006 to read as follows:
Sec. 124.006. TRANSFER OF SUPERVISION. A veterans court
program may transfer responsibility for a participant's
supervision to another veterans court program in the participant's
county of residence or to a different county selected by the
participant.
SECTION 11. Section 124.002(c), Government Code, is
repealed.
SECTION 12. (a) The changes in law made by this Act to
Chapter 55, Code of Criminal Procedure, and to Section 124.001(b),
Government Code, apply to the expunction of arrest records and
files for a person who successfully completes a veterans court
program under Chapter 124, Government Code, or former law, before,
on, or after the effective date of this Act, regardless of when the
underlying arrest occurred.
(b) For a person who is entitled to expunction under Article
55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by
this Act, based on a successful completion of a veterans court
program under Chapter 124, Government Code, or former law, before
the effective date of this Act, notwithstanding the 30-day time
limit provided for the court to enter an automatic order of
expunction under Section 1a(a-1), Article 55.02, Code of Criminal
Procedure, as added by this Act, the court shall enter an order of
expunction for the person as soon as practicable after the court
receives written notice from any party to the case about the
person's entitlement to the expunction.
(c) Article 102.0179, Code of Criminal Procedure, as added
by this Act, applies only to a cost on conviction for an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
subsection, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
(d) The change in law made by this Act to Sections
124.002(a) and 124.005(a), Government Code, applies to a person
who, on or after the effective date of this Act, enters a veterans
court program under Chapter 124, Government Code, regardless of
whether the person committed the offense for which the person
enters the program before, on, or after the effective date of this
Act.
(e) The change in law made by this Act in adding Section
124.006, Government Code, applies to a person who, on or after the
effective date of this Act, is under the supervision of a veterans
court program.
SECTION 13. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 14. This Act takes effect September 1, 2015.