85R668 GCB-D
By: White H.B. No. 58
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a specialty court for certain
first-time marihuana possession offenders; imposing a fee for
participation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle K, Title 2, Government Code, is amended
by adding Chapter 128 to read as follows:
CHAPTER 128. FIRST CHANCE INTERVENTION PROGRAM
Sec. 128.001. FIRST CHANCE INTERVENTION PROGRAM DEFINED.
In this chapter, "first chance intervention program" means a
specialty court program established under this chapter that is:
(1) based on the principle that first-time defendants
who commit low-level, nonviolent offenses involving the possession
of marihuana are often self-correcting, without the need for more
formal and costly criminal justice intervention; and
(2) intended to conserve law enforcement,
prosecution, court, jail, and corrections resources that would
otherwise be expended in the arrest, prosecution, and confinement
or community supervision of the defendant.
Sec. 128.002. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county or governing body of a municipality
may establish a first chance intervention program for defendants
charged with an offense involving the possession of marihuana that
is punishable under Section 481.121(b)(1), Health and Safety Code.
Sec. 128.003. ELIGIBILITY. (a) A defendant is eligible to
participate in a first chance intervention program established
under this chapter only if:
(1) the attorney representing the state consents to
the defendant's participation in the program;
(2) at the time of the defendant's arrest for an
offense under Section 481.121(b)(1), Health and Safety Code, or at
the time of the issuance of a citation to the defendant under
Article 14.06(c), Code of Criminal Procedure, for an offense under
Section 481.121(b)(1), Health and Safety Code, the defendant:
(A) displayed identifying information sufficient
for a peace officer to confirm the defendant's identity;
(B) was not charged with another offense, other
than a misdemeanor offense punishable by fine only;
(C) was not released on bond for another offense
other than a misdemeanor offense punishable by fine only for which
charges were still pending; and
(D) was not the subject of an outstanding warrant
for the commission of any offense;
(3) the defendant has not previously been convicted or
placed on deferred adjudication for an offense, other than a
misdemeanor offense punishable by fine only; and
(4) the defendant has not previously participated in
the program under this chapter or another specialty court program
under this subtitle.
(b) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to participate in the
first chance intervention program or otherwise proceed through the
criminal justice system.
(c) If an eligible defendant commits any offense during the
defendant's participation in the first chance intervention
program, the defendant is no longer eligible for participation in
the program and the defendant's case shall be referred to the
appropriate court to proceed through the criminal justice system.
Sec. 128.004. PROGRAM REQUIREMENTS. (a) Not later than the
third day after the date the court informs the defendant that the
defendant is eligible to participate in a first chance intervention
program established under this chapter, the defendant must contact
the appropriate agency designated by the commissioners court to
schedule an intake interview and assessment.
(b) Based on the intake interview and assessment, the
defendant shall be ordered to:
(1) complete eight hours of community service; or
(2) participate in an eight-hour cognitive class.
(c) A first chance intervention program must be either 60 or
90 days in length.
Sec. 128.005. ORDER OF NONDISCLOSURE OF CRIMINAL HISTORY
RECORD INFORMATION. If a defendant successfully completes a first
chance intervention program, regardless of whether the defendant
was convicted of the offense for which the defendant entered the
program or whether the court deferred further proceedings without
entering an adjudication of guilt, after notice to the state and a
hearing on whether the defendant is otherwise entitled to the
petition and whether issuance of the order is in the best interest
of justice, the court shall enter an order of nondisclosure of
criminal history record information under Subchapter E-1, Chapter
411, as if the defendant had received a dismissal and discharge
under Article 42A.111, Code of Criminal Procedure, with respect to
all records and files related to the defendant's arrest or citation
for the offense for which the defendant entered the program if the
defendant:
(1) has not been previously convicted of or placed on
deferred adjudication community supervision for an offense listed
in Article 42A.054, Code of Criminal Procedure, or a sexually
violent offense, as defined by Article 62.001, Code of Criminal
Procedure; and
(2) is not convicted of or placed on deferred
adjudication community supervision for a felony offense after the
date on which the defendant successfully completed the program and
before the second anniversary of that date.
Sec. 128.006. FEE. (a) Except as otherwise provided by
this section, a first chance intervention program shall collect
from a participant in the program a fee of $100.
(b) The court shall waive the fee required under Subsection
(a) if the court determines that the defendant is indigent based on
the defendant's sworn statement or affidavit filed with the court.
(c) Based on the defendant's ability to pay, the court may
reduce the fee required under Subsection (a).
SECTION 2. Article 59.062(f), Code of Criminal Procedure,
is amended to read as follows:
(f) A civil penalty collected under this article shall be
deposited to the credit of the drug court account in the general
revenue fund to help fund drug court programs established under
Chapter 122, 123, 124, [or] 125, or 128, Government Code, or former
law.
SECTION 3. Article 102.0178(g), Code of Criminal Procedure,
is amended to read as follows:
(g) The comptroller shall deposit the funds received under
this article to the credit of the drug court account in the general
revenue fund to help fund drug court programs established under
Chapter 122, 123, 124, [or] 125, or 128, Government Code, or former
law. The legislature shall appropriate money from the account
solely to the criminal justice division of the governor's office
for distribution to drug court programs that apply for the money.
SECTION 4. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.02713 to read as follows:
Sec. 103.02713. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
GOVERNMENT CODE. A program fee for a first chance intervention
program established under Section 128.002 shall be collected under
Section 128.006 in the amount of $100.
SECTION 5. Section 772.0061(a)(2), Government Code, is
amended to read as follows:
(2) "Specialty court" means:
(A) a commercially sexually exploited persons
court program established under Chapter 126 or former law;
(B) a family drug court program established under
Chapter 122 or former law;
(C) a drug court program established under
Chapter 123 or former law;
(D) a veterans treatment court program
established under Chapter 124 or former law; [and]
(E) a mental health court program established
under Chapter 125 or former law; and
(F) a first chance intervention program
established under Chapter 128.
SECTION 6. Section 772.0061(b), Government Code, is amended
to read as follows:
(b) The governor shall establish the Specialty Courts
Advisory Council within the criminal justice division established
under Section 772.006 to:
(1) evaluate applications for grant funding for
specialty courts in this state and to make funding recommendations
to the criminal justice division; and
(2) make recommendations to the criminal justice
division regarding best practices for specialty courts established
under Chapter 122, 123, 124, [or] 125, or 128 or former law.
SECTION 7. This Act takes effect September 1, 2017.