Texas 2021 - 87th Regular

Texas House Bill HB2190 Compare Versions

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

Old	New	Differences
1	1	87R2344 JRR-F
2	2	By: White H.B. No. 2190
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and punishment for certain state
8	8	jail felony offenders, including the creation of a pretrial
9	9	intervention program for certain state jail felony offenders;
10	10	authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 42A, Code of Criminal
13	13	Procedure, is amended by adding Article 42A.1025 to read as
14	14	follows:
15	15	Art. 42A.1025. MANDATORY PLACEMENT ON DEFERRED
16	16	ADJUDICATION COMMUNITY SUPERVISION; CERTAIN STATE JAIL FELONY
17	17	OFFENDERS. (a) This article applies only to a defendant who:
18	18	(1) is charged with a state jail felony punishable
19	19	under Section 12.35(a), Penal Code;
20	20	(2) with respect to the offense described by
21	21	Subdivision (1):
22	22	(A) did not participate in a state jail felony
23	23	pretrial intervention program established under Chapter 127,
24	24	Government Code, regardless of whether the defendant was eligible
25	25	to participate in the program based on the specific state jail
26	26	felony offense charged; or
27	27	(B) was placed into the program described by
28	28	Paragraph (A) but did not successfully complete the program; and
29	29	(3) has not previously been convicted of or placed on
30	30	deferred adjudication community supervision for a state jail
31	31	felony.
32	32	(b) On request of a defendant described by Subsection (a), a
33	33	judge shall place the defendant on deferred adjudication community
34	34	supervision.
35	35	(c) Notwithstanding Article 42A.103(a), the period of
36	36	deferred adjudication community supervision may not be less than
37	37	two years and may not exceed four years.
38	38	SECTION 2. Article 42A.110(b), Code of Criminal Procedure,
39	39	is amended to read as follows:
40	40	(b) A court assessing punishment after an adjudication of
41	41	guilt of a defendant charged with a state jail felony may suspend
42	42	the imposition of the sentence and place the defendant on community
43	43	supervision or may order the sentence to be executed, regardless of
44	44	whether the defendant has previously been convicted of a felony.
45	45	Notwithstanding any other law, if the court orders the sentence to
46	46	be executed following an adjudication of guilt for a state jail
47	47	felony that is punishable under Section 12.35(a), Penal Code, the
48	48	defendant shall be punishable by confinement in a community
49	49	corrections facility, as defined by Section 509.001, Government
50	50	Code, for a term not to exceed two years.
51	51	SECTION 3. Article 59.062(f), Code of Criminal Procedure,
52	52	is amended to read as follows:
53	53	(f) A civil penalty collected under this article shall be
54	54	deposited to the credit of the drug court account in the general
55	55	revenue fund to help fund specialty court programs established
56	56	under Chapter 122, 123, 124, 125, 127, or 129, Government Code, or
57	57	former law.
58	58	SECTION 4. Subtitle K, Title 2, Government Code, is amended
59	59	by adding Chapter 127 to read as follows:
60	60	CHAPTER 127. PRETRIAL INTERVENTION PROGRAM FOR CERTAIN STATE JAIL
61	61	FELONY OFFENDERS
62	62	Sec. 127.001. STATE JAIL FELONY PRETRIAL INTERVENTION
63	63	PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this
64	64	chapter, "state jail felony pretrial intervention program" means a
65	65	program that has the following essential characteristics:
66	66	(1) the integration of services in the processing of
67	67	cases in the judicial system;
68	68	(2) the use of a nonadversarial approach involving
69	69	prosecutors and defense attorneys to promote public safety and to
70	70	protect the due process rights of program participants;
71	71	(3) early identification and prompt placement of
72	72	eligible participants in the program;
73	73	(4) access to a continuum of alcohol, controlled
74	74	substance, mental health, and other related treatment and
75	75	rehabilitative services;
76	76	(5) careful monitoring of treatment and services
77	77	provided to program participants;
78	78	(6) a coordinated strategy to govern program responses
79	79	to participants' compliance;
80	80	(7) ongoing judicial interaction with program
81	81	participants;
82	82	(8) monitoring and evaluation of program goals and
83	83	effectiveness;
84	84	(9) continuing interdisciplinary education to promote
85	85	effective program planning, implementation, and operations;
86	86	(10) development of partnerships with public agencies
87	87	and community organizations; and
88	88	(11) inclusion of a participant's family members who
89	89	agree to be involved in the treatment and services provided to the
90	90	participant under the program.
91	91	(b) If a defendant successfully completes a state jail
92	92	felony pretrial intervention program, after notice to the attorney
93	93	representing the state and a hearing in the state jail felony
94	94	pretrial intervention program court at which that court determines
95	95	that a dismissal is in the best interest of justice, the court in
96	96	which the criminal case is pending shall dismiss the case against
97	97	the defendant.
98	98	Sec. 127.002. ESTABLISHMENT OF PROGRAM; DEFENDANT
99	99	ELIGIBILITY. (a) The commissioners court of a county shall
100	100	establish a state jail felony pretrial intervention program for
101	101	persons arrested for or charged with a state jail felony punishable
102	102	under Section 12.35(a), Penal Code, other than a state jail felony
103	103	under:
104	104	(1) Article 62.102, Code of Criminal Procedure;
105	105	(2) Section 261.107 or 261.109, Family Code;
106	106	(3) Section 171.103, 171.153, or 485.032, Health and
107	107	Safety Code;
108	108	(4) Section 48.052, Human Resources Code; or
109	109	(5) Section 19.05, 21.09, 21.18, 22.04, 22.041, 22.07,
110	110	22.08, 25.031, 38.14, 38.151, 39.04, 43.262, 48.03, or 49.045,
111	111	Penal Code.
112	112	(b) A defendant is eligible to participate in a state jail
113	113	felony pretrial intervention program established under this
114	114	chapter only if the attorney representing the state consents to the
115	115	defendant's participation in the program. An eligible defendant may
116	116	participate in the state jail felony pretrial intervention program
117	117	regardless of whether the defendant previously participated in a
118	118	state jail felony pretrial intervention program established under
119	119	this chapter.
120	120	(c) The court in which the criminal case is pending shall
121	121	allow an eligible defendant to choose whether to proceed through
122	122	the state jail felony pretrial intervention program or otherwise
123	123	through the criminal justice system.
124	124	Sec. 127.003. DUTIES OF STATE JAIL FELONY PRETRIAL
125	125	INTERVENTION PROGRAM. (a) A state jail felony pretrial
126	126	intervention program established under this chapter must:
127	127	(1) prioritize the acceptance of defendants eligible
128	128	for participation in the program who have not:
129	129	(A) previously been convicted of or placed on
130	130	deferred adjudication community supervision for a felony offense;
131	131	or
132	132	(B) previously participated in a state jail
133	133	felony pretrial intervention program established under this
134	134	chapter;
135	135	(2) ensure that a defendant eligible for participation
136	136	in the program is provided legal counsel before electing to proceed
137	137	through the program and while participating in the program;
138	138	(3) allow a participant to withdraw from the program
139	139	at any time before a trial on the merits has been initiated;
140	140	(4) provide a participant with a court-ordered
141	141	individualized treatment plan indicating the services that will be
142	142	provided to the participant; and
143	143	(5) ensure that the jurisdiction of the program
144	144	continues for a minimum period of not less than six months but does
145	145	not continue beyond the maximum period allowed under Article
146	146	42A.1025(c), Code of Criminal Procedure, for a grant of deferred
147	147	adjudication community supervision to a defendant charged with a
148	148	state jail felony punishable under Section 12.35(a), Penal Code.
149	149	(b) A state jail felony pretrial intervention program
150	150	established under this chapter shall make, establish, and publish
151	151	local procedures to ensure maximum participation of eligible
152	152	defendants in the county or counties in which those defendants
153	153	reside.
154	154	(c) A state jail felony pretrial intervention program may
155	155	allow a participant to comply with the participant's court-ordered
156	156	individualized treatment plan or to fulfill certain other court
157	157	obligations through the use of videoconferencing software or other
158	158	Internet-based communications.
159	159	(d) This chapter does not prevent the initiation of
160	160	procedures under Chapter 46B, Code of Criminal Procedure.
161	161	Sec. 127.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
162	162	commissioners courts of two or more counties may elect to establish
163	163	a regional state jail felony pretrial intervention program under
164	164	this chapter for the participating counties.
165	165	Sec. 127.005. REIMBURSEMENT FEES. (a) A state jail felony
166	166	pretrial intervention program established under this chapter may
167	167	collect from a participant in the program:
168	168	(1) a reasonable reimbursement fee for the program not
169	169	to exceed $1,000; and
170	170	(2) a testing, counseling, and treatment
171	171	reimbursement fee in an amount necessary to cover the costs of any
172	172	testing, counseling, or treatment performed or provided under the
173	173	program.
174	174	(b) Reimbursement fees collected under this section may be
175	175	paid on a periodic basis or on a deferred payment schedule at the
176	176	discretion of the judge, magistrate, or coordinator. The fees must
177	177	be:
178	178	(1) based on the participant's ability to pay; and
179	179	(2) used only for purposes specific to the program.
180	180	Sec. 127.006. COURTESY SUPERVISION. (a) A state jail
181	181	felony pretrial intervention program that accepts placement of a
182	182	defendant may transfer responsibility for supervising the
183	183	defendant's participation in the program to another state jail
184	184	felony pretrial intervention program that is located in the county
185	185	where the defendant works or resides. The defendant's supervision
186	186	may be transferred under this section only with the consent of both
187	187	state jail felony pretrial intervention programs and the defendant.
188	188	(b) A defendant who consents to the transfer of the
189	189	defendant's supervision must agree to abide by all rules,
190	190	requirements, and instructions of the state jail felony pretrial
191	191	intervention program that accepts the transfer.
192	192	(c) If a defendant whose supervision is transferred under
193	193	this section does not successfully complete the program, the state
194	194	jail felony pretrial intervention program supervising the
195	195	defendant shall return the responsibility for the defendant's
196	196	supervision to the state jail felony pretrial intervention program
197	197	that initiated the transfer.
198	198	SECTION 5. Section 772.0061(a)(2), Government Code, is
199	199	amended to read as follows:
200	200	(2) "Specialty court" means:
201	201	(A) a commercially sexually exploited persons
202	202	court program established under Chapter 126 or former law;
203	203	(B) a family drug court program established under
204	204	Chapter 122 or former law;
205	205	(C) a drug court program established under
206	206	Chapter 123 or former law;
207	207	(D) a veterans treatment court program
208	208	established under Chapter 124 or former law;
209	209	(E) a mental health court program established
210	210	under Chapter 125 or former law;
211	211	(F) a state jail felony pretrial intervention
212	212	program established under Chapter 127; and
213	213	(G) [(F)] a public safety employees treatment
214	214	court program established under Chapter 129.
215	215	SECTION 6. Section 772.0061(b), Government Code, is amended
216	216	to read as follows:
217	217	(b) The governor shall establish the Specialty Courts
218	218	Advisory Council within the criminal justice division established
219	219	under Section 772.006 to:
220	220	(1) evaluate applications for grant funding for
221	221	specialty courts in this state and to make funding recommendations
222	222	to the criminal justice division; and
223	223	(2) make recommendations to the criminal justice
224	224	division regarding best practices for specialty courts established
225	225	under Chapter 122, 123, 124, 125, 127, or 129 or former law.
226	226	SECTION 7. The changes in law made by this Act apply only to
227	227	an offense committed on or after the effective date of this Act. An
228	228	offense committed before the effective date of this Act is governed
229	229	by the law in effect on the date the offense was committed, and the
230	230	former law is continued in effect for that purpose. For purposes of
231	231	this section, an offense was committed before the effective date of
232	232	this Act if any element of the offense occurred before that date.
233	233	SECTION 8. This Act takes effect September 1, 2021.