By: Garcia S.B. No. 1474
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for participation in veterans court
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 124.002, Government Code, is amended by
amending Subsection (a) and adding Subsection (d) 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, who:
(1) [; and (2)] suffers from a brain injury, mental
illness, or mental disorder, including post-traumatic stress
disorder, or was a victim of military sexual trauma that:
(A) occurred during or 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; or
(2) is a defendant whose participation in a veterans
court program, considering the circumstances of the defendant's
conduct, personal and social background, and criminal history, is
likely to achieve the objective of ensuring public safety through
rehabilitation of the veteran in the manner provided by Section
1.02(1), Penal Code.
(d) In this section, "military sexual trauma" means a brain
injury, mental illness, or mental disorder that, in the opinion of a
mental health professional, resulted from a physical assault of a
sexual nature, a battery of a sexual nature, or an instance of
sexual harassment that occurred while the veteran was serving on
active duty, active duty for training, or inactive duty training.
SECTION 2. This Act takes effect September 1, 2015.