84R30347 GCB-D
By: Garcia, et al. S.B. No. 1474
(Farias)
Substitute the following for S.B. No. 1474: No.
A BILL TO BE ENTITLED
AN ACT
relating to the redesignation of veterans court programs as
veterans treatment court programs and the eligibility for
participation in and administration of those programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 124, Government Code, is
amended to read as follows:
CHAPTER 124. VETERANS TREATMENT COURT PROGRAM
SECTION 2. Section 124.001, Government Code, is amended to
read as follows:
Sec. 124.001. VETERANS TREATMENT COURT PROGRAM DEFINED;
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans
treatment court program" means a program that has the following
essential characteristics:
(1) the integration of services in the processing of
cases in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to a continuum of alcohol, controlled
substance, mental health, and other related treatment and
rehabilitative services;
(5) careful monitoring of treatment and services
provided to program participants;
(6) a coordinated strategy to govern program responses
to participants' compliance;
(7) ongoing judicial interaction with program
participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(10) development of partnerships with public agencies
and community organizations, including the United States
Department of Veterans Affairs.
(b) If a defendant successfully completes a veterans
treatment court program [as authorized under Section 76.011], after
notice to the attorney representing the state and a hearing in the
veterans treatment court at which that court determines that a
dismissal is in the best interest of justice, the court in which the
criminal case is pending shall dismiss the case [criminal action]
against the defendant.
SECTION 3. Section 124.002, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) The commissioners court of a county may establish a
veterans treatment court program for persons arrested for or
charged with any misdemeanor or felony offense. A defendant is
eligible to participate in a veterans treatment 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
treatment 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.
(b) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to proceed through
the veterans treatment court program or otherwise through the
criminal justice system.
(d) In this section, "military sexual trauma" means any
sexual assault or sexual harassment that occurs while the victim is
a member of the United States armed forces performing the person's
regular duties.
SECTION 4. The heading to Section 124.003, Government Code,
is amended to read as follows:
Sec. 124.003. DUTIES OF VETERANS TREATMENT COURT PROGRAM.
SECTION 5. Section 124.003, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) A veterans treatment court program established under
this chapter must:
(1) ensure that a defendant [person] eligible for
participation in the program is provided legal counsel before
volunteering to proceed through the program and while participating
in the program;
(2) allow a participant to withdraw from the program
at any time before a trial on the merits has been initiated;
(3) provide a participant with a court-ordered
individualized treatment plan indicating the services that will be
provided to the participant; and
(4) ensure that the jurisdiction of the veterans
treatment court continues for a period of not less than six months
but does not continue beyond the period of community supervision
for the offense charged.
(b) A veterans treatment court program established under
this chapter shall make, establish, and publish local procedures to
ensure maximum participation of eligible defendants in the county
or counties in which those defendants reside.
(b-1) A veterans treatment court program may allow a
participant to comply with the participant's court-ordered
individualized treatment plan or to fulfill certain other court
obligations through the use of videoconferencing software or other
Internet-based communications.
SECTION 6. Section 124.004, Government Code, is amended to
read as follows:
Sec. 124.004. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The
commissioners courts of two or more counties may elect to establish
a regional veterans treatment court program under this chapter for
the participating counties.
(b) For purposes of this chapter, each county that elects to
establish a regional veterans treatment court program under this
section is considered to have established the program and is
entitled to retain fees under Article 102.0178, Code of Criminal
Procedure, in the same manner as if the county had established a
veterans treatment court program without participating in a
regional program.
SECTION 7. Section 124.005(a), Government Code, is amended
to read as follows:
(a) A veterans treatment court program established under
this chapter may collect from a participant in the program:
(1) a reasonable program fee not to exceed $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 8. Chapter 124, Government Code, is amended by
adding Section 124.006 to read as follows:
Sec. 124.006. COURTESY SUPERVISION. (a) A veterans
treatment court program that accepts placement of a defendant may
transfer responsibility for supervising the defendant's
participation in the program to another veterans treatment court
program that is located in the county where the defendant works or
resides. The defendant's supervision may be transferred under this
section only with the consent of both veterans treatment court
programs and the defendant.
(b) A defendant who consents to the transfer of the
defendant's supervision must agree to abide by all rules,
requirements, and instructions of the veterans treatment court
program that accepts the transfer.
(c) If a defendant whose supervision is transferred under
this section does not successfully complete the program, the
veterans treatment court program supervising the defendant shall
return the responsibility for the defendant's supervision to the
veterans treatment court program that initiated the transfer.
(d) If a defendant is charged with an offense in a county
that does not operate a veterans treatment court program, the court
in which the criminal case is pending may place the defendant in a
veterans treatment court program located in the county where the
defendant works or resides, provided that a program is operated in
that county and the defendant agrees to the placement. A defendant
placed in a veterans treatment court program in accordance with
this subsection must agree to abide by all rules, requirements, and
instructions of the program.
SECTION 9. Section 54.976(a), Government Code, is amended
to read as follows:
(a) A judge may refer to a magistrate any criminal case or
matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing;
(2) a pretrial motion;
(3) an examining trial;
(4) a writ of habeas corpus;
(5) a bond forfeiture suit;
(6) issuance of search warrants;
(7) setting, setting conditions, modifying, revoking,
and surrendering of bonds, including surety bonds;
(8) arraignment of defendants;
(9) a motion to increase or decrease a bond;
(10) a motion to revoke community supervision or to
proceed to an adjudication;
(11) an issue of competency or a civil commitment
under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or
without a jury;
(12) a motion to modify community supervision;
(13) specialty court proceedings, including drug
court proceedings, veterans treatment [veteran's] court
proceedings, and driving while intoxicated court proceedings;
(14) an expunction or a petition for nondisclosure;
(15) an occupational driver's license;
(16) a waiver of extradition;
(17) the issuance of subpoenas and orders requiring
the production of medical records, including records relating to
mental health or substance abuse treatment; and
(18) any other matter the judge considers necessary
and proper.
SECTION 10. 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 treatment
court program (Sec. 124.005, Government Code) . . . not to exceed
$1,000; and
(4) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans treatment court program (Sec. 124.005, Government
Code) . . . the amount necessary to cover the costs of testing,
counseling, or treatment.
SECTION 11. Section 772.0061(a)(2), Government Code, as
amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
(2) "Specialty court" means:
(A) a prostitution prevention program
established under Chapter 169A, Health and Safety Code;
(B) a family drug court program established under
Chapter 122 or former law;
(C) [(B)] a drug court program established under
Chapter 123 or former law;
(D) [(C)] a veterans treatment court program
established under Chapter 124 or former law; and
(E) [(D)] a mental health court program
established under Chapter 125 or former law.
SECTION 12. (a) The change in law made by this Act by
amending Section 124.002, Government Code, applies to a person who,
on or after the effective date of this Act, enters a veterans
treatment 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.
(b) 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
treatment 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.