88R3604 SHH-D
By: Morales Shaw H.B. No. 1977
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a pretrial intervention program for
certain youth offenders; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PRETRIAL INTERVENTION PROGRAM
SECTION 1.01. Subtitle K, Title 2, Government Code, is
amended by adding Chapter 127 to read as follows:
CHAPTER 127. PRETRIAL INTERVENTION PROGRAM FOR CERTAIN YOUTH
OFFENDERS
Sec. 127.001. YOUTH PRETRIAL INTERVENTION PROGRAM DEFINED;
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "youth
pretrial intervention program" means a program that has the
following essential characteristics:
(1) the integration of services in the processing of
cases in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to a continuum of alcohol, controlled
substance, mental health, and other related treatment and
rehabilitative services;
(5) careful monitoring of treatment and services
provided to program participants;
(6) a coordinated strategy to govern program responses
to participants' compliance;
(7) ongoing judicial interaction with program
participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote
effective program planning, implementation, and operations;
(10) development of partnerships with public agencies
and community organizations; and
(11) inclusion of a participant's family members who
agree to be involved in the treatment and services provided to the
participant under the program.
(b) If a defendant successfully completes a youth pretrial
intervention program, after notice to the attorney representing the
state and a hearing in the youth pretrial intervention court at
which that court determines that a dismissal is in the best interest
of justice, the youth pretrial intervention court shall provide to
the court in which the criminal case is pending information about
the dismissal and shall include all of the information required
about the defendant for a petition for expunction under Section
2(b), Article 55.02, Code of Criminal Procedure. The court in which
the criminal case is pending shall dismiss the case against the
defendant and:
(1) if that trial court is a district court, the court
may, with the consent of the attorney representing the state, enter
an order of expunction on behalf of the defendant under Section
1a(a-3), Article 55.02, Code of Criminal Procedure; or
(2) if that trial court is not a district court, the
court may, with the consent of the attorney representing the state,
forward the appropriate dismissal and expunction information to
enable a district court with jurisdiction to enter an order of
expunction on behalf of the defendant under Section 1a(a-3),
Article 55.02, Code of Criminal Procedure.
Sec. 127.002. ESTABLISHMENT OF PROGRAM; DEFENDANT
ELIGIBILITY. (a) The commissioners court of a county shall,
subject to Subsection (d), establish a youth pretrial intervention
program for persons arrested for or charged with an offense that is
punishable as a Class B misdemeanor or any higher category of
offense, other than an offense listed in Article 42A.054(a), Code
of Criminal Procedure.
(b) A defendant is eligible to participate in a youth
pretrial intervention program established under this chapter only
if:
(1) the defendant was younger than 18 years of age at
the time of the offense; and
(2) the defendant has not previously been convicted of
or placed on deferred adjudication community supervision for an
offense other than a traffic offense that is punishable by fine
only.
(c) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to proceed through
the youth pretrial intervention program or otherwise through the
criminal justice system.
(d) The commissioners court of a county is not required to
establish a specialty court in accordance with this chapter and may
require the community supervision and corrections department
serving the county to operate a program under the authority of
Section 76.011(a). A program that is operated by a community
supervision and corrections department is considered to be a youth
pretrial intervention program for purposes of this chapter.
(e) Notwithstanding Subsection (c), the attorney
representing the state may request, in writing, that the court in
which the criminal case is pending refuse to allow an eligible
defendant to proceed through the youth pretrial intervention
program. If the court determines that the attorney representing
the state has shown that adequate good cause exists, the court shall
require the defendant to proceed through the criminal justice
system.
Sec. 127.003. DUTIES OF YOUTH PRETRIAL INTERVENTION
PROGRAM. (a) A youth pretrial intervention program established
under this chapter must:
(1) ensure that a defendant eligible for participation
in the program is provided legal counsel before electing to proceed
through the program and while participating in the program;
(2) allow a participant to withdraw from the program
at any time before a trial on the merits has been initiated; and
(3) provide a participant with a court-ordered
individualized treatment plan indicating the services that will be
provided to the participant.
(b) A youth pretrial intervention program established under
this chapter shall make, establish, and publish local procedures to
ensure maximum participation of eligible defendants in the county
or counties in which those defendants reside.
(c) A youth pretrial intervention program may allow a
participant to comply with the participant's court-ordered
individualized treatment plan or to fulfill certain other court
obligations through the use of videoconferencing software or other
Internet-based communications.
(d) This chapter does not prevent the initiation of
procedures under Chapter 46B, Code of Criminal Procedure.
Sec. 127.004. CONDITIONS OF PROGRAM. (a) A program
participant charged with an offense punishable as a Class B
misdemeanor may not be required to spend more than one year in the
program and may not be required to perform more than 24 hours of
community service as part of the program.
(b) A program participant charged with an offense
punishable as a Class A misdemeanor or state jail felony may not be
required to spend more than two years in the program and may not be
required to perform more than 24 hours of community service as part
of the program.
(c) A program participant charged with an offense
punishable as a felony of the third degree may not be required to
spend more than three years in the program and may not be required
to perform more than 50 hours of community service as part of the
program.
(d) A program participant charged with an offense
punishable as a felony of the second degree may not be required to
spend more than four years in the program and may not be required to
perform more than 75 hours of community service as part of the
program.
(e) A program participant charged with an offense
punishable as a felony of the first degree may not be required to
spend more than five years in the program and may not be required to
perform more than 100 hours of community service as part of the
program.
Sec. 127.005. SUPERVISION OF PARTICIPANTS. The community
supervision and corrections department serving the county in which
the program is operated shall supervise program participants.
Sec. 127.006. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties may elect to establish
a regional youth pretrial intervention program under this chapter
for the participating counties.
Sec. 127.007. REIMBURSEMENT FEES. (a) A youth pretrial
intervention program established under this chapter may collect
from a participant in the program:
(1) a reasonable reimbursement fee for the program;
and
(2) a testing, counseling, and treatment
reimbursement fee in an amount necessary to cover the costs of any
testing, counseling, or treatment performed or provided under the
program.
(b) Reimbursement fees collected under this section may be
paid on a periodic basis or on a deferred payment schedule at the
discretion of the judge, magistrate, or coordinator. The fees must
be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
Sec. 127.008. COURTESY SUPERVISION. (a) A youth pretrial
intervention program that accepts placement of a defendant may
transfer responsibility for supervising the defendant's
participation in the program to another youth pretrial intervention
program that is located in the county where the defendant works or
resides. The defendant's supervision may be transferred under this
section only with the consent of both youth pretrial intervention
programs and the defendant.
(b) A defendant who consents to the transfer of the
defendant's supervision must agree to abide by all rules,
requirements, and instructions of the youth pretrial intervention
program that accepts the transfer.
(c) If a defendant whose supervision is transferred under
this section does not successfully complete the program, the youth
pretrial intervention program supervising the defendant shall
return the responsibility for the defendant's supervision to the
youth pretrial intervention program that initiated the transfer.
SECTION 1.02. Article 59.062(f), Code of Criminal
Procedure, is amended to read as follows:
(f) A civil penalty collected under this article shall be
deposited to the credit of the drug court account in the general
revenue fund to help fund specialty court programs established
under Chapter 122, 123, 124, 125, 127, or 129, Government Code, or
former law.
SECTION 1.03. Section 509.011, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The supervision by a department of a participant in a
youth pretrial intervention program under Chapter 127 or other law
constitutes supervision by the department pursuant to lawful
authority for purposes of Subsection (a).
SECTION 1.04. Section 772.0061(a)(2), Government Code, is
amended to read as follows:
(2) "Specialty court" means:
(A) a commercially sexually exploited persons
court program established under Chapter 126 or former law;
(B) a family drug court program established under
Chapter 122 or former law;
(C) a drug court program established under
Chapter 123 or former law;
(D) a veterans treatment court program
established under Chapter 124 or former law;
(E) a mental health court program established
under Chapter 125 or former law;
(F) a youth pretrial intervention program
established under Chapter 127; and
(G) [(F)] a public safety employees treatment
court program established under Chapter 129.
SECTION 1.05. Section 772.0061(b), Government Code, is
amended to read as follows:
(b) The governor shall establish the Specialty Courts
Advisory Council within the criminal justice division established
under Section 772.006 to:
(1) evaluate applications for grant funding for
specialty courts in this state and to make funding recommendations
to the criminal justice division; and
(2) make recommendations to the criminal justice
division regarding best practices for specialty courts established
under Chapter 122, 123, 124, 125, 127, or 129 or former law.
ARTICLE 2. AUTOMATIC EXPUNCTION
SECTION 2.01. Article 55.01(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c);
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(C) convicted of an offense committed before
September 1, 2021, under Section 46.02(a), Penal Code, as that
section existed before that date; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Chapter
42A for the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because:
(a) the person completed a veterans
treatment court program created under Chapter 124, Government Code,
or former law, subject to Subsection (a-3);
(b) the person completed a mental
health court program created under Chapter 125, Government Code, or
former law, subject to Subsection (a-4);
(c) the person completed a youth
pretrial intervention program created under Chapter 127,
Government Code;
(d) the person completed a pretrial
intervention program authorized under Section 76.011, Government
Code, other than a veterans treatment court program created under
Chapter 124, Government Code, or former law, [or] a mental health
court program created under Chapter 125, Government Code, or former
law, or a youth pretrial intervention program created under Chapter
127, Government Code;
(e) [(d)] the presentment had been
made because of mistake, false information, or other similar reason
indicating absence of probable cause at the time of the dismissal to
believe the person committed the offense; or
(f) [(e)] the indictment or
information was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
SECTION 2.02. Section 1a, Article 55.02, Code of Criminal
Procedure, is amended by adding Subsection (a-3) to read as
follows:
(a-3) A trial court dismissing a case following a person's
successful completion of a youth pretrial intervention program
created under Chapter 127, Government Code, if the trial court is a
district court or a district court in the county in which the trial
court is located, may, with the consent of the attorney
representing the state, enter an order of expunction for a person
entitled to expunction under Article 55.01(a)(2)(A)(ii)(c) not
later than the 30th day after the date the court dismisses the case
or receives the information regarding that dismissal, as
applicable. Notwithstanding any other law, a court that enters an
order for expunction under this subsection may not charge any fee or
assess any cost for the expunction.
SECTION 2.03. Article 102.006(b-1), Code of Criminal
Procedure, is amended to read as follows:
(b-1) The fees under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55.01(a)(2)(A)(ii)(a) after
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law; [or]
(2) under Article 55.01(a)(2)(A)(ii)(b) after
successful completion of a mental health court program created
under Chapter 125, Government Code, or former law; or
(3) under Article 55.01(a)(2)(A)(ii)(c) after
successful completion of a youth pretrial intervention program
created under Chapter 127, Government Code.
ARTICLE 3. TRANSITION; EFFECTIVE DATE
SECTION 3.01. The changes in law made by this Act apply 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 3.02. This Act takes effect September 1, 2023.