Texas 2017 - 85th Regular

Texas Senate Bill SB1844 Compare Versions

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

Old	New	Differences
1	1	85R10747 LHC-D
2	2	By: Campbell S.B. No. 1844
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of and eligibility for participation
8	8	in a veterans treatment court program and the issuance of orders of
9	9	nondisclosure for certain participants who successfully complete
10	10	that program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 124.001, Government Code, is amended by
13	13	amending Subsection (b) and adding Subsections (c) and (d) to read
14	14	as follows:
15	15	(b) If a defendant who was arrested for or charged with, but
16	16	not convicted of or placed on deferred adjudication community
17	17	supervision for, an offense successfully completes a veterans
18	18	treatment court program, after notice to the attorney representing
19	19	the state and a hearing in the veterans treatment court at which
20	20	that court determines that a dismissal is in the best interest of
21	21	justice, the court in which the criminal case is pending shall
22	22	dismiss the case against the defendant.
23	23	(c) Regardless of whether the defendant is later convicted
24	24	of or placed on deferred adjudication community supervision for the
25	25	offense for which the defendant entered the veterans treatment
26	26	court program, if a defendant described by Subsection (b)
27	27	successfully completes a veterans treatment court program and the
28	28	case is not dismissed under that subsection, after notice to the
29	29	state and a hearing on whether the defendant is otherwise entitled
30	30	to the petition and whether issuance of the order is in the best
31	31	interest of justice, the court shall enter an order of
32	32	nondisclosure of criminal history record information under
33	33	Subchapter E-1, Chapter 411, with respect to all records and files
34	34	related to the defendant's arrest for the offense for which the
35	35	defendant entered the program if the defendant:
36	36	(1) has not been previously convicted of an offense
37	37	listed in Article 42A.054(a), Code of Criminal Procedure, or a
38	38	sexually violent offense, as defined by Article 62.001, Code of
39	39	Criminal Procedure; and
40	40	(2) is not convicted for any felony offense between
41	41	the date on which the defendant successfully completed the program
42	42	and the second anniversary of that date.
43	43	(d) A defendant who successfully completes a veterans
44	44	treatment court program as a result of receiving a conviction or
45	45	deferred adjudication community supervision for an offense is
46	46	entitled to petition for an order of nondisclosure of criminal
47	47	history record information as described by Subsection (c), except
48	48	that a defendant is not entitled to petition the court for an order
49	49	of nondisclosure if the defendant's entry into the veterans
50	50	treatment court program arose as the result of a conviction for an
51	51	offense involving the operation of a motor vehicle while
52	52	intoxicated.
53	53	SECTION 2. Sections 124.002(a) and (c), Government Code,
54	54	are amended to read as follows:
55	55	(a) The commissioners court of a county may establish a
56	56	veterans treatment court program for persons arrested for, [or]
57	57	charged with, convicted of, or placed on deferred adjudication
58	58	community supervision for any misdemeanor or felony offense. A
59	59	defendant is eligible to participate in a veterans treatment court
60	60	program established under this chapter only if the attorney
61	61	representing the state consents to the defendant's participation in
62	62	the program and if the court in which the criminal case is pending
63	63	or in which the defendant was convicted or placed on deferred
64	64	adjudication community supervision, as applicable, finds that the
65	65	defendant is a veteran or current member of the United States armed
66	66	forces, including a member of the reserves, national guard, or
67	67	state guard, who:
68	68	(1) suffers from a brain injury, mental illness, or
69	69	mental disorder, including post-traumatic stress disorder, or was a
70	70	victim of military sexual trauma if the injury, illness, disorder,
71	71	or trauma [that]:
72	72	(A) occurred during or resulted from the
73	73	defendant's military service; and
74	74	(B) affected the defendant's criminal conduct at
75	75	issue in the case; or
76	76	(2) is a defendant whose participation in a veterans
77	77	treatment court program, considering the circumstances of the
78	78	defendant's conduct, personal and social background, and criminal
79	79	history, is likely to achieve the objective of ensuring public
80	80	safety through rehabilitation of the veteran in the manner provided
81	81	by Section 1.02(1), Penal Code.
82	82	(c) Proof of matters described by Subsection (a) may be
83	83	submitted to the applicable criminal court [in which the criminal
84	84	case is pending] in any form the court determines to be appropriate,
85	85	including military service and medical records, previous
86	86	determinations of a disability by a veteran's organization or by
87	87	the United States Department of Veterans Affairs, testimony or
88	88	affidavits of other veterans or service members, and prior
89	89	determinations of eligibility for benefits by any state or county
90	90	veterans office. The court's findings must accompany any docketed
91	91	case.
92	92	SECTION 3. Section 124.003(a), Government Code, is amended
93	93	to read as follows:
94	94	(a) A veterans treatment court program established under
95	95	this chapter must:
96	96	(1) if there has not yet been a disposition in the
97	97	criminal case, ensure that a defendant eligible for participation
98	98	in the program is provided legal counsel before volunteering to
99	99	proceed through the program and while participating in the program;
100	100	(2) allow a participant arrested for or charged with
101	101	an offense to withdraw from the program at any time before a trial
102	102	on the merits has been initiated;
103	103	(3) provide a participant with a court-ordered
104	104	individualized treatment plan indicating the services that will be
105	105	provided to the participant; and
106	106	(4) ensure that the jurisdiction of the veterans
107	107	treatment court continues for a period of not less than six months
108	108	but does not continue beyond the period of community supervision
109	109	for the offense charged.
110	110	SECTION 4. The change in law made by this Act by adding
111	111	Sections 124.001(c) and (d), Government Code, and amending Section
112	112	124.002, Government Code, applies to a person who, on or after the
113	113	effective date of this Act, enters a veterans treatment court
114	114	program under Chapter 124, Government Code, regardless of whether
115	115	the person committed the offense for which the person enters the
116	116	program before, on, or after the effective date of this Act.
117	117	SECTION 5. This Act takes effect September 1, 2017.