Texas 2017 - 85th Regular

Texas House Bill HB3391 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3391
	1	+	By: Geren (Senate Sponsor - Birdwell) H.B. No. 3391
	2	+	(In the Senate - Received from the House May 15, 2017;
	3	+	May 15, 2017, read first time and referred to Committee on State
	4	+	Affairs; May 19, 2017, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 19, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of a specialty court for certain public
6	12		safety employees who commit a criminal offense; imposing fees for
7	13		participation and testing, counseling, and treatment.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subtitle K, Title 2, Government Code, is amended
10	16		by adding Chapter 129 to read as follows:
11	17		CHAPTER 129. PUBLIC SAFETY EMPLOYEES TREATMENT COURT PROGRAM
12	18		Sec. 129.001. DEFINITION. In this chapter, "public safety
13	19		employee" means a peace officer, firefighter, detention officer,
14	20		county jailer, or emergency medical services employee of this state
15	21		or a political subdivision of this state.
16	22		Sec. 129.002. PUBLIC SAFETY EMPLOYEES TREATMENT COURT
17	23		PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this
18	24		chapter, "public safety employees treatment court program" means a
19	25		program that has the following essential characteristics:
20	26		(1) the integration of services in the processing of
21	27		cases in the judicial system;
22	28		(2) the use of a nonadversarial approach involving
23	29		prosecutors and defense attorneys to promote public safety and to
24	30		protect the due process rights of program participants;
25	31		(3) early identification and prompt placement of
26	32		eligible participants in the program;
27	33		(4) access to a continuum of alcohol, controlled
28	34		substance, mental health, and other related treatment and
29	35		rehabilitative services;
30	36		(5) careful monitoring of treatment and services
31	37		provided to program participants;
32	38		(6) a coordinated strategy to govern program responses
33	39		to participants' compliance;
34	40		(7) ongoing judicial interaction with program
35	41		participants;
36	42		(8) monitoring and evaluation of program goals and
37	43		effectiveness;
38	44		(9) continuing interdisciplinary education to promote
39	45		effective program planning, implementation, and operations;
40	46		(10) development of partnerships with public agencies
41	47		and community organizations; and
42	48		(11) inclusion of a participant's family members who
43	49		agree to be involved in the treatment and services provided to the
44	50		participant under the program.
45	51		(b) If a defendant successfully completes a public safety
46	52		employees treatment court program, after notice to the attorney
47	53		representing the state and a hearing in the public safety employees
48	54		treatment court at which that court determines that a dismissal is
49	55		in the best interest of justice, the court in which the criminal
50	56		case is pending shall dismiss the case against the defendant.
51	57		Sec. 129.003. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
52	58		(a) The commissioners court of a county may establish a public
53	59		safety employees treatment court program for persons arrested for
54	60		or charged with any misdemeanor or felony offense. A defendant is
55	61		eligible to participate in a public safety employees treatment
56	62		court program established under this chapter only if the attorney
57	63		representing the state consents to the defendant's participation in
58	64		the program and if the court in which the criminal case is pending
59	65		finds that the defendant is a current or former public safety
60	66		employee who:
61	67		(1) suffers from a brain injury, mental illness, or
62	68		mental disorder, including post-traumatic stress disorder, that:
63	69		(A) occurred during or resulted from the
64	70		defendant's duties as a public safety employee; and
65	71		(B) affected the defendant's criminal conduct at
66	72		issue in the case; or
67	73		(2) is a defendant whose participation in a public
68	74		safety employees treatment court program, considering the
69	75		circumstances of the defendant's conduct, personal and social
70	76		background, and criminal history, is likely to achieve the
71	77		objective of ensuring public safety through rehabilitation of the
72	78		public safety employee in the manner provided by Section 1.02(1),
73	79		Penal Code.
74	80		(b) The court in which the criminal case is pending shall
75	81		allow an eligible defendant to choose whether to proceed through
76	82		the public safety employees treatment court program or otherwise
77	83		through the criminal justice system.
78	84		(c) Proof of matters described by Subsection (a) may be
79	85		submitted to the court in which the criminal case is pending in any
80	86		form the court determines to be appropriate, including medical
81	87		records or testimony or affidavits of other public safety
82	88		employees. The court's findings must accompany any docketed case.
83	89		Sec. 129.004. DUTIES OF PUBLIC SAFETY EMPLOYEES TREATMENT
84	90		COURT PROGRAM. (a) A public safety employees treatment court
85	91		program established under this chapter must:
86	92		(1) ensure that a defendant eligible for participation
87	93		in the program is provided legal counsel before volunteering to
88	94		proceed through the program and while participating in the program;
89	95		(2) allow a participant to withdraw from the program
90	96		at any time before a trial on the merits has been initiated;
91	97		(3) provide a participant with a court-ordered
92	98		individualized treatment plan indicating the services that will be
93	99		provided to the participant; and
94	100		(4) ensure that the jurisdiction of the public safety
95	101		employees treatment court continues for a period of not less than
96	102		six months but does not continue beyond the period of community
97	103		supervision for the offense charged.
98	104		(b) A public safety employees treatment court program
99	105		established under this chapter shall make, establish, and publish
100	106		local procedures to ensure maximum participation of eligible
101	107		defendants in the county or counties in which those defendants
102	108		reside.
103	109		(c) A public safety employees treatment court program may
104	110		allow a participant to comply with the participant's court-ordered
105	111		individualized treatment plan or to fulfill certain other court
106	112		obligations through the use of videoconferencing software or other
107	113		Internet-based communications.
108	114		(d) This chapter does not prevent the initiation of
109	115		procedures under Chapter 46B, Code of Criminal Procedure.
110	116		Sec. 129.005. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The
111	117		commissioners courts of two or more counties may elect to establish
112	118		a regional public safety employees treatment court program under
113	119		this chapter for the participating counties.
114	120		(b) For purposes of this chapter, each county that elects to
115	121		establish a regional public safety employees treatment court
116	122		program under this section is considered to have established the
117	123		program and is entitled to retain fees under Article 102.0178, Code
118	124		of Criminal Procedure, in the same manner as if the county had
119	125		established a public safety employees treatment court program
120	126		without participating in a regional program.
121	127		Sec. 129.006. FEES. (a) A public safety employees
122	128		treatment court program established under this chapter may collect
123	129		from a participant in the program:
124	130		(1) a reasonable program fee not to exceed $1,000; and
125	131		(2) a testing, counseling, and treatment fee in an
126	132		amount necessary to cover the costs of any testing, counseling, or
127	133		treatment performed or provided under the program.
128	134		(b) Fees collected under this section may be paid on a
129	135		periodic basis or on a deferred payment schedule at the discretion
130	136		of the judge, magistrate, or coordinator. The fees must be:
131	137		(1) based on the participant's ability to pay; and
132	138		(2) used only for purposes specific to the program.
133	139		Sec. 129.007. COURTESY SUPERVISION. (a) A public safety
134	140		employees treatment court program that accepts placement of a
135	141		defendant may transfer responsibility for supervising the
136	142		defendant's participation in the program to another public safety
137	143		employees treatment court program that is located in the county
138	144		where the defendant works or resides. The defendant's supervision
139	145		may be transferred under this section only with the consent of both
140	146		public safety employees treatment court programs and the defendant.
141	147		(b) A defendant who consents to the transfer of the
142	148		defendant's supervision must agree to abide by all rules,
143	149		requirements, and instructions of the public safety employees
144	150		treatment court program that accepts the transfer.
145	151		(c) If a defendant whose supervision is transferred under
146	152		this section does not successfully complete the program, the public
147	153		safety employees treatment court program supervising the defendant
148	154		shall return the responsibility for the defendant's supervision to
149	155		the public safety employees treatment court program that initiated
150	156		the transfer.
151	157		(d) If a defendant is charged with an offense in a county
152	158		that does not operate a public safety employees treatment court
153	159		program, the court in which the criminal case is pending may place
154	160		the defendant in a public safety employees treatment court program
155	161		located in the county where the defendant works or resides,
156	162		provided that a program is operated in that county and the defendant
157	163		agrees to the placement. A defendant placed in a public safety
158	164		employees treatment court program in accordance with this
159	165		subsection must agree to abide by all rules, requirements, and
160	166		instructions of the program.
161	167		SECTION 2. Article 59.062(f), Code of Criminal Procedure,
162	168		is amended to read as follows:
163	169		(f) A civil penalty collected under this article shall be
164	170		deposited to the credit of the drug court account in the general
165	171		revenue fund to help fund specialty [drug] court programs
166	172		established under Chapter 122, 123, 124, [or] 125, or 129,
167	173		Government Code, or former law.
168	174		SECTION 3. Article 102.0178(g), Code of Criminal Procedure,
169	175		is amended to read as follows:
170	176		(g) The comptroller shall deposit the funds received under
171	177		this article to the credit of the drug court account in the general
172	178		revenue fund to help fund drug court programs established under
173	179		Chapter 122, 123, 124, [or] 125, or 129, Government Code, or former
174	180		law. The legislature shall appropriate money from the account
175	181		solely to the criminal justice division of the governor's office
176	182		for distribution to drug court programs that apply for the money.
177	183		SECTION 4. Subchapter B, Chapter 103, Government Code, is
178	184		amended by adding Sections 103.02714 and 103.02715 to read as
179	185		follows:
180	186		Sec. 103.02714. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
181	187		GOVERNMENT CODE. A program fee for a public safety employees
182	188		treatment court program established under Section 129.003 shall be
183	189		collected under Section 129.006 in a reasonable amount not to
184	190		exceed $1,000.
185	191		Sec. 103.02715. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
186	192		GOVERNMENT CODE. A participant in a public safety employees
187	193		treatment court program administered under Chapter 129 shall pay a
188	194		fee in an amount necessary to cover the costs of any testing,
189	195		counseling, or treatment performed or provided to the participant
190	196		under the program.
191	197		SECTION 5. Section 772.0061(a)(2), Government Code, is
192	198		amended to read as follows:
193	199		(2) "Specialty court" means:
194	200		(A) a commercially sexually exploited persons
195	201		court program established under Chapter 126 or former law;
196	202		(B) a family drug court program established under
197	203		Chapter 122 or former law;
198	204		(C) a drug court program established under
199	205		Chapter 123 or former law;
200	206		(D) a veterans treatment court program
201	207		established under Chapter 124 or former law; [and]
202	208		(E) a mental health court program established
203	209		under Chapter 125 or former law; and
204	210		(F) a public safety employees treatment court
205	211		program established under Chapter 129.
206	212		SECTION 6. Section 772.0061(b), Government Code, is amended
207	213		to read as follows:
208	214		(b) The governor shall establish the Specialty Courts
209	215		Advisory Council within the criminal justice division established
210	216		under Section 772.006 to:
211	217		(1) evaluate applications for grant funding for
212	218		specialty courts in this state and to make funding recommendations
213	219		to the criminal justice division; and
214	220		(2) make recommendations to the criminal justice
215	221		division regarding best practices for specialty courts established
216	222		under Chapter 122, 123, 124, [or] 125, or 129 or former law.
217	223		SECTION 7. This Act takes effect September 1, 2017.
218		-	______________________________ ______________________________
219		-	President of the Senate Speaker of the House
220		-	I certify that H.B. No. 3391 was passed by the House on May
221		-	12, 2017, by the following vote: Yeas 128, Nays 14, 1 present, not
222		-	voting.
223		-	______________________________
224		-	Chief Clerk of the House
225		-	I certify that H.B. No. 3391 was passed by the Senate on May
226		-	22, 2017, by the following vote: Yeas 25, Nays 6.
227		-	______________________________
228		-	Secretary of the Senate
229		-	APPROVED: _____________________
230		-	Date
231		-	_____________________
232		-	Governor
	224	+	* * * * *