84R4789 KJE-D
By: West S.B. No. 417
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain persons to participate in a
drug court program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 123.002, Government Code, is amended to
read as follows:
Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county or governing body of a municipality
may establish the following types of drug court programs:
(1) drug courts for persons arrested for, charged
with, or convicted of:
(A) an offense in which an element of the offense
is the use or possession of alcohol or the use, possession, or sale
of a controlled substance, a controlled substance analogue, or
marihuana; or
(B) an offense in which the use of alcohol or a
controlled substance is suspected to have significantly
contributed to the commission of the offense [and the offense did
not involve:
[(i) carrying, possessing, or using a
firearm or other dangerous weapon;
[(ii) the use of force against the person of
another; or
[(iii) the death of or serious bodily
injury to another];
(2) drug courts for juveniles detained for, taken into
custody for, or adjudicated as having engaged in:
(A) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which an element of the conduct is the use or possession of alcohol
or the use, possession, or sale of a controlled substance, a
controlled substance analogue, or marihuana; or
(B) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which the use of alcohol or a controlled substance is suspected to
have significantly contributed to the commission of the conduct
[and the conduct did not involve:
[(i) carrying, possessing, or using a
firearm or other dangerous weapon;
[(ii) the use of force against the person of
another; or
[(iii) the death of or serious bodily
injury to another];
(3) reentry drug courts for persons with a
demonstrated history of using alcohol or a controlled substance who
may benefit from a program designed to facilitate the person's
transition and reintegration into the community on release from a
state or local correctional facility;
(4) family dependency drug treatment courts for family
members involved in a suit affecting the parent-child relationship
in which a parent's use of alcohol or a controlled substance is a
primary consideration in the outcome of the suit; or
(5) programs for other persons not precisely described
by Subdivisions (1)-(4) who may benefit from a program that has the
essential characteristics described by Section 123.001.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.