85R10747 LHC-D
By: Campbell S.B. No. 1844
A BILL TO BE ENTITLED
AN ACT
relating to the administration of and eligibility for participation
in a veterans treatment court program and the issuance of orders of
nondisclosure for certain participants who successfully complete
that program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 124.001, Government Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) If a defendant who was arrested for or charged with, but
not convicted of or placed on deferred adjudication community
supervision for, an offense successfully completes a veterans
treatment court program, after notice to the attorney representing
the state and a hearing in the veterans treatment court at which
that court determines that a dismissal is in the best interest of
justice, the court in which the criminal case is pending shall
dismiss the case against the defendant.
(c) Regardless of whether the defendant is later convicted
of or placed on deferred adjudication community supervision for the
offense for which the defendant entered the veterans treatment
court program, if a defendant described by Subsection (b)
successfully completes a veterans treatment court program and the
case is not dismissed under that subsection, 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, with respect to all records and files
related to the defendant's arrest for the offense for which the
defendant entered the program if the defendant:
(1) has not been previously convicted of an offense
listed in Article 42A.054(a), Code of Criminal Procedure, or a
sexually violent offense, as defined by Article 62.001, Code of
Criminal Procedure; and
(2) is not convicted for any felony offense between
the date on which the defendant successfully completed the program
and the second anniversary of that date.
(d) A defendant who successfully completes a veterans
treatment court program as a result of receiving a conviction or
deferred adjudication community supervision for an offense is
entitled to petition for an order of nondisclosure of criminal
history record information as described by Subsection (c), except
that a defendant is not entitled to petition the court for an order
of nondisclosure if the defendant's entry into the veterans
treatment court program arose as the result of a conviction for an
offense involving the operation of a motor vehicle while
intoxicated.
SECTION 2. Sections 124.002(a) and (c), Government Code,
are amended to read as follows:
(a) The commissioners court of a county may establish a
veterans treatment court program for persons arrested for, [or]
charged with, convicted of, or placed on deferred adjudication
community supervision for any misdemeanor or felony offense. A
defendant is eligible to participate in a veterans treatment court
program established under this chapter only if the attorney
representing the state consents to the defendant's participation in
the program and if the court in which the criminal case is pending
or in which the defendant was convicted or placed on deferred
adjudication community supervision, as applicable, finds that the
defendant is a veteran or current member of the United States armed
forces, including a member of the reserves, national guard, or
state guard, who:
(1) suffers from a brain injury, mental illness, or
mental disorder, including post-traumatic stress disorder, or was a
victim of military sexual trauma if the injury, illness, disorder,
or trauma [that]:
(A) occurred during or resulted from the
defendant's military service; and
(B) affected the defendant's criminal conduct at
issue in the case; or
(2) is a defendant whose participation in a veterans
treatment court program, considering the circumstances of the
defendant's conduct, personal and social background, and criminal
history, is likely to achieve the objective of ensuring public
safety through rehabilitation of the veteran in the manner provided
by Section 1.02(1), Penal Code.
(c) Proof of matters described by Subsection (a) may be
submitted to the applicable criminal court [in which the criminal
case is pending] in any form the court determines to be appropriate,
including military service and medical records, previous
determinations of a disability by a veteran's organization or by
the United States Department of Veterans Affairs, testimony or
affidavits of other veterans or service members, and prior
determinations of eligibility for benefits by any state or county
veterans office. The court's findings must accompany any docketed
case.
SECTION 3. Section 124.003(a), Government Code, is amended
to read as follows:
(a) A veterans treatment court program established under
this chapter must:
(1) if there has not yet been a disposition in the
criminal case, ensure that a defendant eligible for participation
in the program is provided legal counsel before volunteering to
proceed through the program and while participating in the program;
(2) allow a participant arrested for or charged with
an offense to withdraw from the program at any time before a trial
on the merits has been initiated;
(3) provide a participant with a court-ordered
individualized treatment plan indicating the services that will be
provided to the participant; and
(4) ensure that the jurisdiction of the veterans
treatment court continues for a period of not less than six months
but does not continue beyond the period of community supervision
for the offense charged.
SECTION 4. The change in law made by this Act by adding
Sections 124.001(c) and (d), Government Code, and amending Section
124.002, Government Code, applies to a person who, on or after the
effective date of this Act, enters a veterans treatment court
program under Chapter 124, Government Code, regardless of whether
the person committed the offense for which the person enters the
program before, on, or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2017.