85R13007 JSC-D
By: Lucio III H.B. No. 2911
A BILL TO BE ENTITLED
AN ACT
relating to a reemployment program as a condition of community
supervision for certain veterans who commit a misdemeanor offense;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42A, Code of Criminal Procedure, is
amended by adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. VETERANS REEMPLOYMENT PROGRAM
Art. 42A.381. VETERANS REEMPLOYMENT PROGRAM. In this
subchapter "veterans reemployment program" means a program that
provides education and training to veterans with the goal that the
veterans become gainfully employed.
Art. 42A.382. ELIGIBILITY. (a) A defendant placed on
deferred adjudication community supervision for or convicted of a
misdemeanor offense is eligible to participate in a veterans
reemployment program established under this subchapter if the
defendant is a veteran of the United States armed forces, including
a member of the reserves, national guard, or state guard.
(b) The judge granting community supervision to a defendant
described by Subsection (a) shall inform the defendant of the
defendant's eligibility for the program but may not require the
defendant to participate in the program.
(c) A judge may additionally impose any condition of
community supervision that the judge is authorized to impose under
this chapter on a defendant who chooses to participate in the
program under this subchapter.
Art. 42A.383. EDUCATION AND TRAINING COURSES. (a) A
participant in the program shall diligently attend workforce
development education and training courses developed or approved by
the Texas Workforce Commission under Chapter 316, Labor Code, as
directed by the court.
(b) The education and training courses under this article
must focus on providing a participant with useful workplace skills
most likely to lead to gainful employment by the participant.
(c) The education and training courses may be
individualized based on any physical or intellectual limitations of
the participant.
Art. 42A.384. FEE. (a) A fee may be assessed for
participation in the education and training courses in an amount
sufficient to cover the cost of providing the courses.
(b) If the court determines the defendant is indigent, the
court may reduce or waive the fee.
Art. 42A.385. COMPLETION OF PROGRAM. A participant
successfully completes the veterans reemployment program if the
participant completes the education and training courses required
by the court and:
(1) obtains employment and retains that employment for
three continuous months;
(2) diligently searches for employment for a
continuous period of six months; or
(3) is determined by the court to be unemployable
because of a disability.
Art. 42A.386. FAILURE TO COMPLETE PROGRAM. (a) The judge
may not revoke the community supervision of a defendant who fails to
complete the program under this subchapter.
(b) If the defendant fails to complete the program under
this subchapter, the judge may:
(1) modify the defendant's conditions of community
supervision; and
(2) extend the period of community supervision so that
the defendant may comply with the conditions under Subdivision (1).
SECTION 2. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0729 to read as follows:
Sec. 411.0729. PROCEDURE FOR CERTAIN VETERANS. On
successful completion of the veterans reemployment program created
under Subchapter H-1, Chapter 42A, Code of Criminal Procedure, and
all other conditions of the defendant's community supervision,
regardless of whether the defendant meets the eligibility criteria
under this subchapter, after notice to the state and a hearing on
whether issuance of an order of nondisclosure is in the best
interest of justice, the court shall enter an order of
nondisclosure with respect to all records of the offense for which
the defendant was convicted or placed on deferred adjudication
community supervision.
SECTION 3. Subtitle B, Title 4, Labor Code, is amended by
adding Chapter 316 to read as follows:
CHAPTER 316. VETERANS REEMPLOYMENT EDUCATION AND TRAINING COURSES
Sec. 316.001. VETERANS REEMPLOYMENT PROGRAM. In this
chapter "veterans reemployment program" means the community
supervision program created under Subchapter H-1, Chapter 42A, Code
of Criminal Procedure.
Sec. 316.002. EDUCATION AND TRAINING COURSES. (a) The
commission shall develop or approve education and training courses
to assist veterans convicted of or placed on deferred adjudication
community supervision for a misdemeanor offense under Subchapter
H-1, Chapter 42A, Code of Criminal Procedure, in obtaining
workforce skills and becoming gainfully employed.
(b) The education and training courses must provide
instruction in workforce skills appropriate for veterans with
disabilities.
SECTION 4. Not later than January 1, 2018, the Texas
Workforce Commission shall develop or approve education and
training courses as required under Chapter 316, Labor Code, as
added by this Act.
SECTION 5. Subchapter H-1, Chapter 42A, Code of Criminal
Procedure, applies only to a person placed on community
supervision, including deferred adjudication community
supervision, on or after January 1, 2018.
SECTION 6. 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, 2017.