86R6735 LHC-D
By: Metcalf H.B. No. 2481
A BILL TO BE ENTITLED
AN ACT
relating to the administration of a veterans treatment court
program and the eligibility for deferred adjudication community
supervision of certain defendants who are eligible to participate
in a veterans treatment court program and who committed certain
intoxication offenses and the conditions of that supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.102, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) In all other cases, the judge may grant deferred
adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Section 49.045, 49.07, or 49.08
[Sections 49.04-49.08], Penal Code; [or]
(B) under Section 49.04, 49.05, 49.06, or 49.065,
Penal Code, if, at the time of the offense, the defendant held a
commercial driver's license or a commercial learner's permit;
(C) for which punishment may be increased under
Section 49.09, Penal Code; or
(D) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
victim, or a felony described by Article 42A.453(b); and
(B) has previously been placed on community
supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code; or
(4) the defendant is charged with an offense under
Section 19.02, Penal Code, except that the judge may grant deferred
adjudication community supervision on determining that the
defendant did not cause the death of the deceased, did not intend to
kill the deceased or another, and did not anticipate that a human
life would be taken.
(c) A judge may grant deferred adjudication community
supervision to a defendant charged with an offense under Section
49.04, 49.05, 49.06, or 49.065, Penal Code, only if:
(1) the defendant is eligible to participate in a
veterans treatment court program under Section 124.002, Government
Code; and
(2) the judge requires as a condition of community
supervision that the defendant successfully complete a veterans
treatment court program under Chapter 124, Government Code.
SECTION 2. Article 42A.408, Code of Criminal Procedure, is
amended by adding Subsection (e-1) to read as follows:
(e-1) A judge granting deferred adjudication community
supervision to a defendant for an offense under Section 49.04,
49.05, 49.06, or 49.065, Penal Code, may require that the defendant
as a condition of community supervision have an ignition interlock
device installed on the motor vehicle owned by the defendant or on
the vehicle most regularly driven by the defendant and that the
defendant not operate for a period of at least six months any motor
vehicle that is not equipped with that device.
SECTION 3. Section 124.003(b), Government Code, is amended
to read as follows:
(b) A veterans treatment court program established under
this chapter shall make, establish, and publish local procedures to
ensure maximum participation of eligible defendants in the program
[county or counties in which those defendants reside].
SECTION 4. Sections 124.006(a) and (d), Government Code,
are amended to read as follows:
(a) A veterans treatment court program that accepts
placement of a defendant may transfer responsibility for
supervising the defendant's participation in the program to another
veterans treatment court program that is located in the county
where the defendant works or resides or in a county adjacent to the
county where the defendant works or resides. The defendant's
supervision may be transferred under this section only with the
consent of both veterans treatment court programs and the
defendant.
(d) If a defendant is charged with an offense in a county
that does not operate a veterans treatment court program, the court
in which the criminal case is pending may place the defendant in a
veterans treatment court program located in the county where the
defendant works or resides or in a county adjacent to the county
where the defendant works or resides, provided that a program is
operated in that county and the defendant agrees to the placement.
A defendant placed in a veterans treatment court program in
accordance with this subsection must agree to abide by all rules,
requirements, and instructions of the program. The court may
enforce the rules, requirements, and instructions of the program.
SECTION 5. Section 411.072(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person who:
(1) was placed on deferred adjudication community
supervision under Subchapter C, Chapter 42A, Code of Criminal
Procedure, for a misdemeanor other than a misdemeanor:
(A) under Chapter 20, 21, 22, 25, 42, 43, 46, 49,
or 71, Penal Code; or
(B) with respect to which an affirmative finding
under Article 42A.105(f), Code of Criminal Procedure, or former
Section 5(k), Article 42.12, Code of Criminal Procedure, was filed
in the papers of the case; and
(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than a traffic offense that is punishable by fine only.
SECTION 6. Section 411.0725(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person placed on deferred
adjudication community supervision under Subchapter C, Chapter
42A, Code of Criminal Procedure, who:
(1) is not eligible to receive an order of
nondisclosure of criminal history record information under Section
411.072; and
(2) was placed on deferred adjudication community
supervision for an offense other than an offense under Chapter 49,
Penal Code.
SECTION 7. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0726 to read as follows:
Sec. 411.0726. PROCEDURE FOR DEFERRED ADJUDICATION
COMMUNITY SUPERVISION; CERTAIN DRIVING WHILE INTOXICATED
MISDEMEANORS. (a) This section applies only to a person who was
placed on deferred adjudication community supervision under
Subchapter C, Chapter 42A, Code of Criminal Procedure, for a
misdemeanor:
(1) under Section 49.04, Penal Code; and
(2) with respect to which no affirmative finding under
Article 42A.105(f), Code of Criminal Procedure, was filed in the
papers of the case.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person may petition the court that placed the
person on deferred adjudication community supervision for an order
of nondisclosure if the person:
(1) receives a discharge and dismissal under Article
42A.111, Code of Criminal Procedure;
(2) satisfies the requirements of Section 411.074; and
(3) has never been previously convicted of or placed
on deferred adjudication community supervision for another
offense, other than a traffic offense that is punishable by fine
only.
(c) A petition for an order of nondisclosure of criminal
history record information filed under this section must include
evidence that the person is entitled to file the petition.
(d) Except as provided by Subsection (e), after notice to
the state, an opportunity for a hearing, and a determination that
the person is entitled to file the petition and issuance of an order
of nondisclosure of criminal history record information is in the
best interest of justice, the court shall issue an order
prohibiting criminal justice agencies from disclosing to the public
criminal history record information related to the offense giving
rise to the deferred adjudication community supervision.
(e) A court may not issue an order of nondisclosure of
criminal history record information under this section if the
attorney representing the state presents evidence sufficient to the
court demonstrating that the commission of the offense for which
the order is sought resulted in a motor vehicle accident involving
another person, including a passenger in a motor vehicle operated
by the person seeking the order of nondisclosure.
(f) A person may petition the court that placed the person
on deferred adjudication community supervision for an order of
nondisclosure of criminal history record information under this
section only on or after:
(1) the second anniversary of the date of completion
of the deferred adjudication community supervision and the
discharge and dismissal of the case, if the person successfully
complied with a condition of community supervision that, for a
period of not less than six months, restricted the person's
operation of a motor vehicle to a motor vehicle equipped with an
ignition interlock device; or
(2) the fifth anniversary of the date of completion of
the deferred adjudication community supervision and the discharge
and dismissal of the case, if the court that placed the person on
deferred adjudication community supervision did not order the
person to comply with a condition of community supervision
described by Subdivision (1) for the period described by that
subdivision.
SECTION 8. Section 411.0727(e), Government Code, is amended
to read as follows:
(e) A person is not entitled to petition the court for an
order of nondisclosure of criminal history record information under
this section if the person's entry into the veterans treatment
court program arose as the result of placement on deferred
adjudication community supervision or a conviction for [of] an
offense involving the operation of a motor vehicle while
intoxicated.
SECTION 9. Section 49.09(g), Penal Code, is amended to read
as follows:
(g) A conviction may be used for purposes of enhancement
under this section or enhancement under Subchapter D, Chapter 12,
but not under both this section and Subchapter D. For purposes of
this section, a person is considered to have been convicted of an
offense under Section 49.04, 49.05, 49.06, or 49.065 if the person
was placed on deferred adjudication community supervision for the
offense under Article 42A.102, Code of Criminal Procedure.
SECTION 10. The changes in law made by this Act to Articles
42A.102 and 42A.408, Code of Criminal Procedure, apply only to the
eligibility for deferred adjudication community supervision of a
defendant for an offense committed on or after the effective date of
this Act. The eligibility for deferred adjudication community
supervision of a defendant for an offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 11. The change in law made by this Act to Section
49.09, Penal Code, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 12. This Act takes effect September 1, 2019.