Texas 2015 - 84th Regular

Texas Senate Bill SB1474 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R30347 GCB-D
2		-	By: Garcia, et al. S.B. No. 1474
3		-	(Farias)
4		-	Substitute the following for S.B. No. 1474: No.
	1	+	S.B. No. 1474
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the redesignation of veterans court programs as
10	6		veterans treatment court programs and the eligibility for
11	7		participation in and administration of those programs.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. The heading to Chapter 124, Government Code, is
14	10		amended to read as follows:
15	11		CHAPTER 124. VETERANS TREATMENT COURT PROGRAM
16	12		SECTION 2. Section 124.001, Government Code, is amended to
17	13		read as follows:
18	14		Sec. 124.001. VETERANS TREATMENT COURT PROGRAM DEFINED;
19	15		PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans
20	16		treatment court program" means a program that has the following
21	17		essential characteristics:
22	18		(1) the integration of services in the processing of
23	19		cases in the judicial system;
24	20		(2) the use of a nonadversarial approach involving
25	21		prosecutors and defense attorneys to promote public safety and to
26	22		protect the due process rights of program participants;
27	23		(3) early identification and prompt placement of
28	24		eligible participants in the program;
29	25		(4) access to a continuum of alcohol, controlled
30	26		substance, mental health, and other related treatment and
31	27		rehabilitative services;
32	28		(5) careful monitoring of treatment and services
33	29		provided to program participants;
34	30		(6) a coordinated strategy to govern program responses
35	31		to participants' compliance;
36	32		(7) ongoing judicial interaction with program
37	33		participants;
38	34		(8) monitoring and evaluation of program goals and
39	35		effectiveness;
40	36		(9) continuing interdisciplinary education to promote
41	37		effective program planning, implementation, and operations; and
42	38		(10) development of partnerships with public agencies
43	39		and community organizations, including the United States
44	40		Department of Veterans Affairs.
45	41		(b) If a defendant successfully completes a veterans
46	42		treatment court program [as authorized under Section 76.011], after
47	43		notice to the attorney representing the state and a hearing in the
48	44		veterans treatment court at which that court determines that a
49	45		dismissal is in the best interest of justice, the court in which the
50	46		criminal case is pending shall dismiss the case [criminal action]
51	47		against the defendant.
52	48		SECTION 3. Section 124.002, Government Code, is amended by
53	49		amending Subsections (a) and (b) and adding Subsection (d) to read
54	50		as follows:
55	51		(a) The commissioners court of a county may establish a
56	52		veterans treatment court program for persons arrested for or
57	53		charged with any misdemeanor or felony offense. A defendant is
58	54		eligible to participate in a veterans treatment court program
59	55		established under this chapter only if the attorney representing
60	56		the state consents to the defendant's participation in the program
61	57		and if the court in which the criminal case is pending finds that
62	58		the defendant[:
63	59		[(1)] is a veteran or current member of the United
64	60		States armed forces, including a member of the reserves, national
65	61		guard, or state guard, who:
66	62		(1) [; and (2)] suffers from a brain injury, mental
67	63		illness, or mental disorder, including post-traumatic stress
68	64		disorder, or was a victim of military sexual trauma that:
69	65		(A) occurred during or resulted from the
70	66		defendant's military service [in a combat zone or other similar
71	67		hazardous duty area]; and
72	68		(B) [materially] affected the defendant's
73	69		criminal conduct at issue in the case; or
74	70		(2) is a defendant whose participation in a veterans
75	71		treatment court program, considering the circumstances of the
76	72		defendant's conduct, personal and social background, and criminal
77	73		history, is likely to achieve the objective of ensuring public
78	74		safety through rehabilitation of the veteran in the manner provided
79	75		by Section 1.02(1), Penal Code.
80	76		(b) The court in which the criminal case is pending shall
81	77		allow an eligible defendant to choose whether to proceed through
82	78		the veterans treatment court program or otherwise through the
83	79		criminal justice system.
84	80		(d) In this section, "military sexual trauma" means any
85	81		sexual assault or sexual harassment that occurs while the victim is
86	82		a member of the United States armed forces performing the person's
87	83		regular duties.
88	84		SECTION 4. The heading to Section 124.003, Government Code,
89	85		is amended to read as follows:
90	86		Sec. 124.003. DUTIES OF VETERANS TREATMENT COURT PROGRAM.
91	87		SECTION 5. Section 124.003, Government Code, is amended by
92	88		amending Subsections (a) and (b) and adding Subsection (b-1) to
93	89		read as follows:
94	90		(a) A veterans treatment court program established under
95	91		this chapter must:
96	92		(1) ensure that a defendant [person] eligible for
97	93		participation in the program is provided legal counsel before
98	94		volunteering to proceed through the program and while participating
99	95		in the program;
100	96		(2) allow a participant to withdraw from the program
101	97		at any time before a trial on the merits has been initiated;
102	98		(3) provide a participant with a court-ordered
103	99		individualized treatment plan indicating the services that will be
104	100		provided to the participant; and
105	101		(4) ensure that the jurisdiction of the veterans
106	102		treatment court continues for a period of not less than six months
107	103		but does not continue beyond the period of community supervision
108	104		for the offense charged.
109	105		(b) A veterans treatment court program established under
110	106		this chapter shall make, establish, and publish local procedures to
111	107		ensure maximum participation of eligible defendants in the county
112	108		or counties in which those defendants reside.
113	109		(b-1) A veterans treatment court program may allow a
114	110		participant to comply with the participant's court-ordered
115	111		individualized treatment plan or to fulfill certain other court
116	112		obligations through the use of videoconferencing software or other
117	113		Internet-based communications.
118	114		SECTION 6. Section 124.004, Government Code, is amended to
119	115		read as follows:
120	116		Sec. 124.004. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The
121	117		commissioners courts of two or more counties may elect to establish
122	118		a regional veterans treatment court program under this chapter for
123	119		the participating counties.
124	120		(b) For purposes of this chapter, each county that elects to
125	121		establish a regional veterans treatment court program under this
126	122		section is considered to have established the program and is
127	123		entitled to retain fees under Article 102.0178, Code of Criminal
128	124		Procedure, in the same manner as if the county had established a
129	125		veterans treatment court program without participating in a
130	126		regional program.
131	127		SECTION 7. Section 124.005(a), Government Code, is amended
132	128		to read as follows:
133	129		(a) A veterans treatment court program established under
134	130		this chapter may collect from a participant in the program:
135	131		(1) a reasonable program fee not to exceed $1,000; and
136	132		(2) a testing, counseling, and treatment fee in an
137	133		amount necessary to cover the costs of any testing, counseling, or
138	134		treatment performed or provided under the program.
139	135		SECTION 8. Chapter 124, Government Code, is amended by
140	136		adding Section 124.006 to read as follows:
141	137		Sec. 124.006. COURTESY SUPERVISION. (a) A veterans
142	138		treatment court program that accepts placement of a defendant may
143	139		transfer responsibility for supervising the defendant's
144	140		participation in the program to another veterans treatment court
145	141		program that is located in the county where the defendant works or
146	142		resides. The defendant's supervision may be transferred under this
147	143		section only with the consent of both veterans treatment court
148	144		programs and the defendant.
149	145		(b) A defendant who consents to the transfer of the
150	146		defendant's supervision must agree to abide by all rules,
151	147		requirements, and instructions of the veterans treatment court
152	148		program that accepts the transfer.
153	149		(c) If a defendant whose supervision is transferred under
154	150		this section does not successfully complete the program, the
155	151		veterans treatment court program supervising the defendant shall
156	152		return the responsibility for the defendant's supervision to the
157	153		veterans treatment court program that initiated the transfer.
158	154		(d) If a defendant is charged with an offense in a county
159	155		that does not operate a veterans treatment court program, the court
160	156		in which the criminal case is pending may place the defendant in a
161	157		veterans treatment court program located in the county where the
162	158		defendant works or resides, provided that a program is operated in
163	159		that county and the defendant agrees to the placement. A defendant
164	160		placed in a veterans treatment court program in accordance with
165	161		this subsection must agree to abide by all rules, requirements, and
166	162		instructions of the program.
167	163		SECTION 9. Section 54.976(a), Government Code, is amended
168	164		to read as follows:
169	165		(a) A judge may refer to a magistrate any criminal case or
170	166		matter relating to a criminal case for proceedings involving:
171	167		(1) a negotiated plea of guilty or no contest and
172	168		sentencing;
173	169		(2) a pretrial motion;
174	170		(3) an examining trial;
175	171		(4) a writ of habeas corpus;
176	172		(5) a bond forfeiture suit;
177	173		(6) issuance of search warrants;
178	174		(7) setting, setting conditions, modifying, revoking,
179	175		and surrendering of bonds, including surety bonds;
180	176		(8) arraignment of defendants;
181	177		(9) a motion to increase or decrease a bond;
182	178		(10) a motion to revoke community supervision or to
183	179		proceed to an adjudication;
184	180		(11) an issue of competency or a civil commitment
185	181		under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or
186	182		without a jury;
187	183		(12) a motion to modify community supervision;
188	184		(13) specialty court proceedings, including drug
189	185		court proceedings, veterans treatment [veteran's] court
190	186		proceedings, and driving while intoxicated court proceedings;
191	187		(14) an expunction or a petition for nondisclosure;
192	188		(15) an occupational driver's license;
193	189		(16) a waiver of extradition;
194	190		(17) the issuance of subpoenas and orders requiring
195	191		the production of medical records, including records relating to
196	192		mental health or substance abuse treatment; and
197	193		(18) any other matter the judge considers necessary
198	194		and proper.
199	195		SECTION 10. Section 103.0271, Government Code, is amended
200	196		to read as follows:
201	197		Sec. 103.0271. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
202	198		GOVERNMENT CODE. Fees and costs shall be paid or collected under
203	199		the Government Code as follows:
204	200		(1) a program fee for a drug court program (Sec.
205	201		123.004, Government Code) . . . not to exceed $1,000;
206	202		(2) an alcohol or controlled substance testing,
207	203		counseling, and treatment fee (Sec. 123.004, Government
208	204		Code) . . . the amount necessary to cover the costs of testing,
209	205		counseling, and treatment;
210	206		(3) a reasonable program fee for a veterans treatment
211	207		court program (Sec. 124.005, Government Code) . . . not to exceed
212	208		$1,000; and
213	209		(4) a testing, counseling, and treatment fee for
214	210		testing, counseling, or treatment performed or provided under a
215	211		veterans treatment court program (Sec. 124.005, Government
216	212		Code) . . . the amount necessary to cover the costs of testing,
217	213		counseling, or treatment.
218	214		SECTION 11. Section 772.0061(a)(2), Government Code, as
219	215		amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the
220	216		83rd Legislature, Regular Session, 2013, is reenacted and amended
221	217		to read as follows:
222	218		(2) "Specialty court" means:
223	219		(A) a prostitution prevention program
224	220		established under Chapter 169A, Health and Safety Code;
225	221		(B) a family drug court program established under
226	222		Chapter 122 or former law;
227	223		(C) [(B)] a drug court program established under
228	224		Chapter 123 or former law;
229	225		(D) [(C)] a veterans treatment court program
230	226		established under Chapter 124 or former law; and
231	227		(E) [(D)] a mental health court program
232	228		established under Chapter 125 or former law.
233	229		SECTION 12. (a) The change in law made by this Act by
234	230		amending Section 124.002, Government Code, applies to a person who,
235	231		on or after the effective date of this Act, enters a veterans
236	232		treatment court program under Chapter 124, Government Code,
237	233		regardless of whether the person committed the offense for which
238	234		the person enters the program before, on, or after the effective
239	235		date of this Act.
240	236		(b) The change in law made by this Act in adding Section
241	237		124.006, Government Code, applies to a person who, on or after the
242	238		effective date of this Act, is under the supervision of a veterans
243	239		treatment court program.
244	240		SECTION 13. To the extent of any conflict, this Act prevails
245	241		over another Act of the 84th Legislature, Regular Session, 2015,
246	242		relating to nonsubstantive additions to and corrections in enacted
247	243		codes.
248	244		SECTION 14. This Act takes effect September 1, 2015.
	245	+	______________________________ ______________________________
	246	+	President of the Senate Speaker of the House
	247	+	I hereby certify that S.B. No. 1474 passed the Senate on
	248	+	April 30, 2015, by the following vote: Yeas 31, Nays 0; and that
	249	+	the Senate concurred in House amendment on May 29, 2015, by the
	250	+	following vote: Yeas 31, Nays 0.
	251	+	______________________________
	252	+	Secretary of the Senate
	253	+	I hereby certify that S.B. No. 1474 passed the House, with
	254	+	amendment, on May 26, 2015, by the following vote: Yeas 140,
	255	+	Nays 5, three present not voting.
	256	+	______________________________
	257	+	Chief Clerk of the House
	258	+	Approved:
	259	+	______________________________
	260	+	Date
	261	+	______________________________
	262	+	Governor