Texas 2015 - 84th Regular

Texas Senate Bill SB417 Compare Versions

Only one version of the bill is available at this time.
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11 84R4789 KJE-D
22 By: West S.B. No. 417
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the eligibility of certain persons to participate in a
88 drug court program.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 123.002, Government Code, is amended to
1111 read as follows:
1212 Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
1313 commissioners court of a county or governing body of a municipality
1414 may establish the following types of drug court programs:
1515 (1) drug courts for persons arrested for, charged
1616 with, or convicted of:
1717 (A) an offense in which an element of the offense
1818 is the use or possession of alcohol or the use, possession, or sale
1919 of a controlled substance, a controlled substance analogue, or
2020 marihuana; or
2121 (B) an offense in which the use of alcohol or a
2222 controlled substance is suspected to have significantly
2323 contributed to the commission of the offense [and the offense did
2424 not involve:
2525 [(i) carrying, possessing, or using a
2626 firearm or other dangerous weapon;
2727 [(ii) the use of force against the person of
2828 another; or
2929 [(iii) the death of or serious bodily
3030 injury to another];
3131 (2) drug courts for juveniles detained for, taken into
3232 custody for, or adjudicated as having engaged in:
3333 (A) delinquent conduct, including habitual
3434 felony conduct, or conduct indicating a need for supervision in
3535 which an element of the conduct is the use or possession of alcohol
3636 or the use, possession, or sale of a controlled substance, a
3737 controlled substance analogue, or marihuana; or
3838 (B) delinquent conduct, including habitual
3939 felony conduct, or conduct indicating a need for supervision in
4040 which the use of alcohol or a controlled substance is suspected to
4141 have significantly contributed to the commission of the conduct
4242 [and the conduct did not involve:
4343 [(i) carrying, possessing, or using a
4444 firearm or other dangerous weapon;
4545 [(ii) the use of force against the person of
4646 another; or
4747 [(iii) the death of or serious bodily
4848 injury to another];
4949 (3) reentry drug courts for persons with a
5050 demonstrated history of using alcohol or a controlled substance who
5151 may benefit from a program designed to facilitate the person's
5252 transition and reintegration into the community on release from a
5353 state or local correctional facility;
5454 (4) family dependency drug treatment courts for family
5555 members involved in a suit affecting the parent-child relationship
5656 in which a parent's use of alcohol or a controlled substance is a
5757 primary consideration in the outcome of the suit; or
5858 (5) programs for other persons not precisely described
5959 by Subdivisions (1)-(4) who may benefit from a program that has the
6060 essential characteristics described by Section 123.001.
6161 SECTION 2. This Act takes effect immediately if it receives
6262 a vote of two-thirds of all the members elected to each house, as
6363 provided by Section 39, Article III, Texas Constitution. If this
6464 Act does not receive the vote necessary for immediate effect, this
6565 Act takes effect September 1, 2015.