Texas 2017 - 85th Regular

Texas House Bill HB58 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R668 GCB-D
2	2	By: White H.B. No. 58
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a specialty court for certain
8	8	first-time marihuana possession offenders; imposing a fee for
9	9	participation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle K, Title 2, Government Code, is amended
12	12	by adding Chapter 128 to read as follows:
13	13	CHAPTER 128. FIRST CHANCE INTERVENTION PROGRAM
14	14	Sec. 128.001. FIRST CHANCE INTERVENTION PROGRAM DEFINED.
15	15	In this chapter, "first chance intervention program" means a
16	16	specialty court program established under this chapter that is:
17	17	(1) based on the principle that first-time defendants
18	18	who commit low-level, nonviolent offenses involving the possession
19	19	of marihuana are often self-correcting, without the need for more
20	20	formal and costly criminal justice intervention; and
21	21	(2) intended to conserve law enforcement,
22	22	prosecution, court, jail, and corrections resources that would
23	23	otherwise be expended in the arrest, prosecution, and confinement
24	24	or community supervision of the defendant.
25	25	Sec. 128.002. AUTHORITY TO ESTABLISH PROGRAM. The
26	26	commissioners court of a county or governing body of a municipality
27	27	may establish a first chance intervention program for defendants
28	28	charged with an offense involving the possession of marihuana that
29	29	is punishable under Section 481.121(b)(1), Health and Safety Code.
30	30	Sec. 128.003. ELIGIBILITY. (a) A defendant is eligible to
31	31	participate in a first chance intervention program established
32	32	under this chapter only if:
33	33	(1) the attorney representing the state consents to
34	34	the defendant's participation in the program;
35	35	(2) at the time of the defendant's arrest for an
36	36	offense under Section 481.121(b)(1), Health and Safety Code, or at
37	37	the time of the issuance of a citation to the defendant under
38	38	Article 14.06(c), Code of Criminal Procedure, for an offense under
39	39	Section 481.121(b)(1), Health and Safety Code, the defendant:
40	40	(A) displayed identifying information sufficient
41	41	for a peace officer to confirm the defendant's identity;
42	42	(B) was not charged with another offense, other
43	43	than a misdemeanor offense punishable by fine only;
44	44	(C) was not released on bond for another offense
45	45	other than a misdemeanor offense punishable by fine only for which
46	46	charges were still pending; and
47	47	(D) was not the subject of an outstanding warrant
48	48	for the commission of any offense;
49	49	(3) the defendant has not previously been convicted or
50	50	placed on deferred adjudication for an offense, other than a
51	51	misdemeanor offense punishable by fine only; and
52	52	(4) the defendant has not previously participated in
53	53	the program under this chapter or another specialty court program
54	54	under this subtitle.
55	55	(b) The court in which the criminal case is pending shall
56	56	allow an eligible defendant to choose whether to participate in the
57	57	first chance intervention program or otherwise proceed through the
58	58	criminal justice system.
59	59	(c) If an eligible defendant commits any offense during the
60	60	defendant's participation in the first chance intervention
61	61	program, the defendant is no longer eligible for participation in
62	62	the program and the defendant's case shall be referred to the
63	63	appropriate court to proceed through the criminal justice system.
64	64	Sec. 128.004. PROGRAM REQUIREMENTS. (a) Not later than the
65	65	third day after the date the court informs the defendant that the
66	66	defendant is eligible to participate in a first chance intervention
67	67	program established under this chapter, the defendant must contact
68	68	the appropriate agency designated by the commissioners court to
69	69	schedule an intake interview and assessment.
70	70	(b) Based on the intake interview and assessment, the
71	71	defendant shall be ordered to:
72	72	(1) complete eight hours of community service; or
73	73	(2) participate in an eight-hour cognitive class.
74	74	(c) A first chance intervention program must be either 60 or
75	75	90 days in length.
76	76	Sec. 128.005. ORDER OF NONDISCLOSURE OF CRIMINAL HISTORY
77	77	RECORD INFORMATION. If a defendant successfully completes a first
78	78	chance intervention program, regardless of whether the defendant
79	79	was convicted of the offense for which the defendant entered the
80	80	program or whether the court deferred further proceedings without
81	81	entering an adjudication of guilt, after notice to the state and a
82	82	hearing on whether the defendant is otherwise entitled to the
83	83	petition and whether issuance of the order is in the best interest
84	84	of justice, the court shall enter an order of nondisclosure of
85	85	criminal history record information under Subchapter E-1, Chapter
86	86	411, as if the defendant had received a dismissal and discharge
87	87	under Article 42A.111, Code of Criminal Procedure, with respect to
88	88	all records and files related to the defendant's arrest or citation
89	89	for the offense for which the defendant entered the program if the
90	90	defendant:
91	91	(1) has not been previously convicted of or placed on
92	92	deferred adjudication community supervision for an offense listed
93	93	in Article 42A.054, Code of Criminal Procedure, or a sexually
94	94	violent offense, as defined by Article 62.001, Code of Criminal
95	95	Procedure; and
96	96	(2) is not convicted of or placed on deferred
97	97	adjudication community supervision for a felony offense after the
98	98	date on which the defendant successfully completed the program and
99	99	before the second anniversary of that date.
100	100	Sec. 128.006. FEE. (a) Except as otherwise provided by
101	101	this section, a first chance intervention program shall collect
102	102	from a participant in the program a fee of $100.
103	103	(b) The court shall waive the fee required under Subsection
104	104	(a) if the court determines that the defendant is indigent based on
105	105	the defendant's sworn statement or affidavit filed with the court.
106	106	(c) Based on the defendant's ability to pay, the court may
107	107	reduce the fee required under Subsection (a).
108	108	SECTION 2. Article 59.062(f), Code of Criminal Procedure,
109	109	is amended to read as follows:
110	110	(f) A civil penalty collected under this article shall be
111	111	deposited to the credit of the drug court account in the general
112	112	revenue fund to help fund drug court programs established under
113	113	Chapter 122, 123, 124, [or] 125, or 128, Government Code, or former
114	114	law.
115	115	SECTION 3. Article 102.0178(g), Code of Criminal Procedure,
116	116	is amended to read as follows:
117	117	(g) The comptroller shall deposit the funds received under
118	118	this article to the credit of the drug court account in the general
119	119	revenue fund to help fund drug court programs established under
120	120	Chapter 122, 123, 124, [or] 125, or 128, Government Code, or former
121	121	law. The legislature shall appropriate money from the account
122	122	solely to the criminal justice division of the governor's office
123	123	for distribution to drug court programs that apply for the money.
124	124	SECTION 4. Subchapter B, Chapter 103, Government Code, is
125	125	amended by adding Section 103.02713 to read as follows:
126	126	Sec. 103.02713. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
127	127	GOVERNMENT CODE. A program fee for a first chance intervention
128	128	program established under Section 128.002 shall be collected under
129	129	Section 128.006 in the amount of $100.
130	130	SECTION 5. Section 772.0061(a)(2), Government Code, is
131	131	amended to read as follows:
132	132	(2) "Specialty court" means:
133	133	(A) a commercially sexually exploited persons
134	134	court program established under Chapter 126 or former law;
135	135	(B) a family drug court program established under
136	136	Chapter 122 or former law;
137	137	(C) a drug court program established under
138	138	Chapter 123 or former law;
139	139	(D) a veterans treatment court program
140	140	established under Chapter 124 or former law; [and]
141	141	(E) a mental health court program established
142	142	under Chapter 125 or former law; and
143	143	(F) a first chance intervention program
144	144	established under Chapter 128.
145	145	SECTION 6. Section 772.0061(b), Government Code, is amended
146	146	to read as follows:
147	147	(b) The governor shall establish the Specialty Courts
148	148	Advisory Council within the criminal justice division established
149	149	under Section 772.006 to:
150	150	(1) evaluate applications for grant funding for
151	151	specialty courts in this state and to make funding recommendations
152	152	to the criminal justice division; and
153	153	(2) make recommendations to the criminal justice
154	154	division regarding best practices for specialty courts established
155	155	under Chapter 122, 123, 124, [or] 125, or 128 or former law.
156	156	SECTION 7. This Act takes effect September 1, 2017.