Texas 2019 - 86th Regular

Texas House Bill HB4594 Compare Versions

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

Old	New	Differences
1	1	86R16623 JSC-F
2	2	By: González of Dallas H.B. No. 4594
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for certain possession offenses under
8	8	the Texas Controlled Substances Act; changing eligibility for and
9	9	conditions of community supervision.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Articles 42A.551(a) and (d), Code of Criminal
12	12	Procedure, are amended to read as follows:
13	13	(a) Except as otherwise provided by Subsection (b) [or (c)],
14	14	on conviction of a state jail felony under Section [481.115(b),
15	15	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or]
16	16	481.129(g)(1), Health and Safety Code, that is punished under
17	17	Section 12.35(a), Penal Code, the judge shall suspend the
18	18	imposition of the sentence and place the defendant on community
19	19	supervision.
20	20	(d) On conviction of a state jail felony punished under
21	21	Section 12.35(a), Penal Code, other than a state jail felony listed
22	22	in Subsection (a) or defined as a possession offense under
23	23	Subchapter L-1, and subject to Subsection (e), the judge may:
24	24	(1) suspend the imposition of the sentence and place
25	25	the defendant on community supervision; or
26	26	(2) order the sentence to be executed:
27	27	(A) in whole; or
28	28	(B) in part, with a period of community
29	29	supervision to begin immediately on release of the defendant from
30	30	confinement.
31	31	SECTION 2. Chapter 42A, Code of Criminal Procedure, is
32	32	amended by adding Subchapter L-1 to read as follows:
33	33	SUBCHAPTER L-1. COMMUNITY SUPERVISION FOR CERTAIN POSSESSION
34	34	OFFENSES
35	35	Art. 42A.581. DEFINITION. In this subchapter, "possession
36	36	offense" means an offense under Section 481.115, 481.1151, 481.116,
37	37	481.1161, 481.117, 481.118, 481.119(b), 481.121, 483.041(a), or
38	38	485.031, Health and Safety Code, that is punishable as a felony of
39	39	the third degree or state jail felony.
40	40	Art. 42A.582. PLACEMENT ON COMMUNITY SUPERVISION;
41	41	EXECUTION OF SENTENCE. (a) On conviction of a possession offense,
42	42	the judge shall suspend the imposition of the sentence and place the
43	43	defendant on community supervision, except that the judge may order
44	44	the sentence to be executed if:
45	45	(1) for a state jail felony, the defendant has been
46	46	previously convicted of a possession offense; or
47	47	(2) for a felony of the third degree:
48	48	(A) the judge determines by a preponderance of
49	49	the evidence that the defendant:
50	50	(i) is a danger to the safety of others; or
51	51	(ii) possessed the substance with the
52	52	intent to deliver the substance;
53	53	(B) the defendant has been previously convicted
54	54	of a felony offense other than:
55	55	(i) a possession offense; or
56	56	(ii) a felony offense punished under
57	57	Section 12.44, Penal Code;
58	58	(C) the defendant is convicted in the same
59	59	proceeding of an additional felony offense, other than:
60	60	(i) a possession offense; or
61	61	(ii) a felony offense punished under
62	62	Section 12.44, Penal Code; or
63	63	(D) the judge determines by clear and convincing
64	64	evidence, based on an evidence-based drug and alcohol assessment,
65	65	that the defendant is unlikely to benefit from participation in a
66	66	course of treatment in a drug treatment program or facility, and the
67	67	defendant has been previously:
68	68	(i) convicted on two or more occasions of a
69	69	possession offense; or
70	70	(ii) discharged from a drug court program
71	71	established under Chapter 123, Government Code, after failing to
72	72	successfully complete the program.
73	73	(b) A judge who makes a determination described by
74	74	Subsection (a)(2)(A) or (D) shall enter the reasons for making that
75	75	determination in the record of the proceeding.
76	76	(c) The judge may suspend in whole or in part the imposition
77	77	of any fine imposed on a conviction if a defendant is placed on
78	78	community supervision under this subchapter.
79	79	Art. 42A.583. CONDITIONS OF COMMUNITY SUPERVISION. (a) A
80	80	court granting community supervision under this subchapter shall
81	81	require as a condition of community supervision that the defendant:
82	82	(1) submit to an evidence-based risks and needs
83	83	screening and evaluation procedure approved by the community
84	84	justice assistance division of the Texas Department of Criminal
85	85	Justice, including a procedure developed under Section 509.003(d),
86	86	Government Code;
87	87	(2) if the evaluation indicates a need for treatment,
88	88	participate in a prescribed course of treatment in a drug treatment
89	89	program or facility:
90	90	(A) licensed or approved by the Department of
91	91	State Health Services; or
92	92	(B) that complies with standards established by
93	93	the community justice assistance division of the Texas Department
94	94	of Criminal Justice; and
95	95	(3) pay a fee to cover all or part of the cost of the
96	96	course of treatment based on the defendant's ability to pay.
97	97	(b) A course of treatment under Subsection (a)(2) may
98	98	include:
99	99	(1) treatment in a faith-based program;
100	100	(2) outpatient treatment;
101	101	(3) halfway house treatment;
102	102	(4) narcotic replacement therapy prescribed by a
103	103	physician;
104	104	(5) drug education or prevention courses; and
105	105	(6) inpatient or residential drug treatment to address
106	106	special detoxification, relapse, or severe dependence issues.
107	107	(c) In referring a defendant to a course of treatment under
108	108	Subsection (a)(2) and imposing conditions for participation in the
109	109	course of treatment, the judge shall order the defendant to
110	110	participate in the level of treatment that the evaluation indicates
111	111	is appropriate for the defendant to achieve:
112	112	(1) the outcome objectives prescribed by the drug
113	113	treatment program or facility; and
114	114	(2) the recommendations of a drug treatment
115	115	professional.
116	116	(d) A court granting community supervision under this
117	117	subchapter may require as a condition of that community
118	118	supervision, in addition to any required participation in a course
119	119	of treatment under Subsection (a)(2) and other appropriate
120	120	conditions, that the defendant participate in:
121	121	(1) vocational training;
122	122	(2) family counseling;
123	123	(3) literacy training; or
124	124	(4) community service.
125	125	Art. 42A.584. VIOLATION OF CONDITIONS OF COMMUNITY
126	126	SUPERVISION. (a) Notwithstanding Article 42A.751(b), if a
127	127	defendant placed on community supervision under this subchapter
128	128	violates the terms of that supervision by committing another
129	129	possession offense or a misdemeanor offense involving the
130	130	possession of a controlled substance or by violating any drug
131	131	treatment-related condition of community supervision, the judge
132	132	may:
133	133	(1) use graduated sanctions and incentives offered to
134	134	a defendant by the community supervision and corrections department
135	135	supervising the defendant or the courts served by that department,
136	136	including:
137	137	(A) global positioning or another form of
138	138	electronic monitoring;
139	139	(B) mental health treatment or cognitive and
140	140	behavioral programs;
141	141	(C) alcohol or substance abuse monitoring and
142	142	testing;
143	143	(D) faith-based community programs and
144	144	resources, including mentoring programs;
145	145	(E) placing the defendant under the supervision
146	146	of a supervision officer with a reduced or specialized caseload and
147	147	subjecting the defendant to increased home visits and field
148	148	contacts, if sufficient resources are available;
149	149	(F) strategies to reduce the number of technical
150	150	violations committed by the defendant; and
151	151	(G) increased coordination between the court and
152	152	the community supervision and corrections department supervising
153	153	the defendant; and
154	154	(2) revoke the community supervision of the defendant
155	155	if the judge determines by a preponderance of the evidence that the
156	156	defendant:
157	157	(A) poses a danger to the safety of others; or
158	158	(B) is unlikely to benefit from a course of
159	159	treatment in a drug treatment program or facility.
160	160	(b) A judge who modifies a defendant's conditions of
161	161	community supervision in response to the defendant's commission of
162	162	an offense or violation of a treatment-related condition of
163	163	community supervision under Subsection (a) shall consider imposing
164	164	one or more of the following additional conditions of community
165	165	supervision:
166	166	(1) intensified drug treatment;
167	167	(2) vocational training;
168	168	(3) family counseling;
169	169	(4) literacy education;
170	170	(5) community service;
171	171	(6) intensive supervision; and
172	172	(7) confinement under Subchapter M in an intermediate
173	173	sanction facility operated by or under contract with the Texas
174	174	Department of Criminal Justice for a period not to exceed 120 days.
175	175	Art. 42A.585. DETERMINATION OF BENEFIT OF TREATMENT. In
176	176	making a determination under this subchapter as to whether a
177	177	defendant is unlikely to benefit from participation in a course of
178	178	treatment in a drug treatment program or facility, the judge shall
179	179	consider whether the defendant has previously:
180	180	(1) committed a serious violation of the rules of a
181	181	drug treatment program or facility; or
182	182	(2) repeatedly committed violations of the rules of a
183	183	drug treatment program or facility to an extent that inhibited the
184	184	defendant's ability to function in the program or facility.
185	185	Art. 42A.586. DISMISSAL. (a) After successful completion
186	186	of a term of community supervision imposed under this subchapter,
187	187	including completion of any required course of treatment in a drug
188	188	treatment program or facility, a defendant may petition the court
189	189	for dismissal of the charges.
190	190	(b) If the judge, after providing notice and giving
191	191	attorneys for the defendant and the state an opportunity to be
192	192	heard, determines that the defendant substantially complied with
193	193	the conditions of community supervision and successfully completed
194	194	any required course of treatment, the judge shall discharge the
195	195	defendant, set aside the verdict or permit the defendant to
196	196	withdraw the plea, and dismiss the accusation, complaint,
197	197	information, or indictment in the manner provided by Article
198	198	42A.701.
199	199	SECTION 3. Subchapter E-1, Chapter 411, Government Code, is
200	200	amended by adding Section 411.0732 to read as follows:
201	201	Sec. 411.0732. PROCEDURE FOR COMMUNITY SUPERVISION
202	202	FOLLOWING CONVICTION; SET-ASIDE CONVICTIONS FOR CERTAIN FELONY
203	203	POSSESSION OFFENSES. (a) This section applies only to a person
204	204	who, on conviction of a possession offense, is placed on community
205	205	supervision under Subchapter L-1, Chapter 42A, Code of Criminal
206	206	Procedure, and with respect to whom the conviction is subsequently
207	207	set aside by the court under Article 42A.701(f) of that chapter.
208	208	(b) Notwithstanding any other provision of this subchapter
209	209	or Subchapter F, a person described by Subsection (a) who satisfies
210	210	the requirements of Section 411.074 may petition the court that
211	211	placed the person on community supervision for an order of
212	212	nondisclosure of criminal history record information under this
213	213	section.
214	214	(c) After notice to the state, an opportunity for a hearing,
215	215	and a determination that the person is entitled to file the petition
216	216	and that issuance of the order is in the best interest of justice,
217	217	the court shall issue an order prohibiting criminal justice
218	218	agencies from disclosing to the public criminal history record
219	219	information related to the offense giving rise to the community
220	220	supervision.
221	221	(d) A person may petition the court that placed the person
222	222	on community supervision for an order of nondisclosure of criminal
223	223	history record information under this section only after the fifth
224	224	anniversary of the date the conviction is set aside.
225	225	SECTION 4. Chapter 509, Government Code, is amended by
226	226	adding Section 509.018 to read as follows:
227	227	Sec. 509.018. ANNUAL REPORT ON COMMUNITY SUPERVISION WITH
228	228	DRUG TREATMENT. (a) Not later than December 1 of each year, the
229	229	Texas Department of Criminal Justice shall study and report to the
230	230	legislature on the effectiveness and financial impact to the state
231	231	during the preceding state fiscal year of placing defendants on
232	232	community supervision with drug treatment for a felony possession
233	233	offense under Subchapter L-1, Chapter 42A, Code of Criminal
234	234	Procedure.
235	235	(b) The study and report must include an analysis of:
236	236	(1) the implementation of Subchapter L-1, Chapter 42A,
237	237	Code of Criminal Procedure, including the amount of cost savings
238	238	the state realizes through that implementation;
239	239	(2) the adequacy of funding available for operation of
240	240	the programs described by Subchapter L-1, Chapter 42A, Code of
241	241	Criminal Procedure;
242	242	(3) the effect of implementing Subchapter L-1, Chapter
243	243	42A, Code of Criminal Procedure, with respect to:
244	244	(A) incarceration costs incurred by the state and
245	245	local governments, including the cost of constructing prisons and
246	246	jails;
247	247	(B) the recidivism rate among defendants placed
248	248	on community supervision under Subchapter L-1, Chapter 42A, Code of
249	249	Criminal Procedure, compared with other defendants; and
250	250	(C) the number of defendants placed on community
251	251	supervision under Subchapter L-1, Chapter 42A, Code of Criminal
252	252	Procedure, who utilize state welfare benefits, compared with other
253	253	defendants; and
254	254	(4) other effects of or issues with implementing
255	255	Subchapter L-1, Chapter 42A, Code of Criminal Procedure, that are
256	256	identified by the Texas Department of Criminal Justice.
257	257	SECTION 5. Article 42A.551(c), Code of Criminal Procedure,
258	258	is repealed.
259	259	SECTION 6. (a) In a criminal action under Section 481.115,
260	260	481.1151, 481.116, 481.1161, 481.117, 481.118, 481.119(b),
261	261	481.121, 483.041(a), or 485.031, Health and Safety Code, pending on
262	262	or commenced on or after the effective date of this Act, for an
263	263	offense committed before the effective date of this Act, the
264	264	defendant, if adjudged guilty, shall be assessed the punishment
265	265	under Subchapter L-1, Chapter 42A, Code of Criminal Procedure, as
266	266	added by this Act, if the offense is a possession offense described
267	267	by Article 42A.581, Code of Criminal Procedure, as added by this
268	268	Act, and the defendant meets the eligibility requirements under
269	269	that subchapter and other law and so elects by written motion filed
270	270	with the trial court before the sentencing hearing begins.
271	271	(b) If the defendant does not make the election under
272	272	Subsection (a) of this section, punishment is governed by the law in
273	273	effect on the date the offense was committed, and the former law is
274	274	continued in effect for that purpose.
275	275	SECTION 7. The change in law made by Section 411.0732,
276	276	Government Code, as added by this Act, applies to a person whose
277	277	conviction for a possession offense is set aside under Article
278	278	42A.701(f), Code of Criminal Procedure, on or after the effective
279	279	date of this Act, regardless of whether the offense for which the
280	280	person was convicted was committed before, on, or after the
281	281	effective date of this Act.
282	282	SECTION 8. The Texas Department of Criminal Justice shall
283	283	submit to the legislature the initial report required by Section
284	284	509.018, Government Code, as added by this Act, not later than
285	285	December 1, 2020.
286	286	SECTION 9. This Act takes effect September 1, 2019.