1 | 1 | | 84R4789 KJE-D |
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2 | 2 | | By: West S.B. No. 417 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the eligibility of certain persons to participate in a |
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8 | 8 | | drug court program. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 123.002, Government Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The |
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13 | 13 | | commissioners court of a county or governing body of a municipality |
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14 | 14 | | may establish the following types of drug court programs: |
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15 | 15 | | (1) drug courts for persons arrested for, charged |
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16 | 16 | | with, or convicted of: |
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17 | 17 | | (A) an offense in which an element of the offense |
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18 | 18 | | is the use or possession of alcohol or the use, possession, or sale |
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19 | 19 | | of a controlled substance, a controlled substance analogue, or |
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20 | 20 | | marihuana; or |
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21 | 21 | | (B) an offense in which the use of alcohol or a |
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22 | 22 | | controlled substance is suspected to have significantly |
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23 | 23 | | contributed to the commission of the offense [and the offense did |
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24 | 24 | | not involve: |
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25 | 25 | | [(i) carrying, possessing, or using a |
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26 | 26 | | firearm or other dangerous weapon; |
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27 | 27 | | [(ii) the use of force against the person of |
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28 | 28 | | another; or |
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29 | 29 | | [(iii) the death of or serious bodily |
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30 | 30 | | injury to another]; |
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31 | 31 | | (2) drug courts for juveniles detained for, taken into |
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32 | 32 | | custody for, or adjudicated as having engaged in: |
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33 | 33 | | (A) delinquent conduct, including habitual |
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34 | 34 | | felony conduct, or conduct indicating a need for supervision in |
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35 | 35 | | which an element of the conduct is the use or possession of alcohol |
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36 | 36 | | or the use, possession, or sale of a controlled substance, a |
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37 | 37 | | controlled substance analogue, or marihuana; or |
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38 | 38 | | (B) delinquent conduct, including habitual |
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39 | 39 | | felony conduct, or conduct indicating a need for supervision in |
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40 | 40 | | which the use of alcohol or a controlled substance is suspected to |
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41 | 41 | | have significantly contributed to the commission of the conduct |
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42 | 42 | | [and the conduct did not involve: |
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43 | 43 | | [(i) carrying, possessing, or using a |
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44 | 44 | | firearm or other dangerous weapon; |
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45 | 45 | | [(ii) the use of force against the person of |
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46 | 46 | | another; or |
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47 | 47 | | [(iii) the death of or serious bodily |
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48 | 48 | | injury to another]; |
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49 | 49 | | (3) reentry drug courts for persons with a |
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50 | 50 | | demonstrated history of using alcohol or a controlled substance who |
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51 | 51 | | may benefit from a program designed to facilitate the person's |
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52 | 52 | | transition and reintegration into the community on release from a |
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53 | 53 | | state or local correctional facility; |
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54 | 54 | | (4) family dependency drug treatment courts for family |
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55 | 55 | | members involved in a suit affecting the parent-child relationship |
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56 | 56 | | in which a parent's use of alcohol or a controlled substance is a |
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57 | 57 | | primary consideration in the outcome of the suit; or |
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58 | 58 | | (5) programs for other persons not precisely described |
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59 | 59 | | by Subdivisions (1)-(4) who may benefit from a program that has the |
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60 | 60 | | essential characteristics described by Section 123.001. |
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61 | 61 | | SECTION 2. This Act takes effect immediately if it receives |
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62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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65 | 65 | | Act takes effect September 1, 2015. |
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