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Texas House Bill HB1977

Texas 2023 - 88th Regular

Texas House Bill HB1977 Compare Versions

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11 By: Morales Shaw, Cain, Leach, Moody, Plesa, H.B. No. 1977
22 et al.
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of a pretrial intervention program for
88 certain youth offenders; authorizing a fee.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 ARTICLE 1. PRETRIAL INTERVENTION PROGRAM
1111 SECTION 1.01. Subtitle K, Title 2, Government Code, is
1212 amended by adding Chapter 127 to read as follows:
1313 CHAPTER 127. PRETRIAL INTERVENTION PROGRAM FOR CERTAIN YOUTH
1414 OFFENDERS
1515 Sec. 127.001. YOUTH PRETRIAL INTERVENTION PROGRAM DEFINED;
1616 PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "youth
1717 pretrial intervention program" means a program that has the
1818 following essential characteristics:
1919 (1) the integration of services in the processing of
2020 cases in the judicial system;
2121 (2) the use of a nonadversarial approach involving
2222 prosecutors and defense attorneys to promote public safety and to
2323 protect the due process rights of program participants;
2424 (3) early identification and prompt placement of
2525 eligible participants in the program;
2626 (4) access to a continuum of alcohol, controlled
2727 substance, mental health, and other related treatment and
2828 rehabilitative services;
2929 (5) careful monitoring of treatment and services
3030 provided to program participants;
3131 (6) a coordinated strategy to govern program responses
3232 to participants' compliance;
3333 (7) ongoing judicial interaction with program
3434 participants;
3535 (8) monitoring and evaluation of program goals and
3636 effectiveness;
3737 (9) continuing interdisciplinary education to promote
3838 effective program planning, implementation, and operations;
3939 (10) development of partnerships with public agencies
4040 and community organizations; and
4141 (11) inclusion of a participant's family members who
4242 agree to be involved in the treatment and services provided to the
4343 participant under the program.
4444 (b) If a defendant successfully completes a youth pretrial
4545 intervention program, after notice to the attorney representing the
4646 state and a hearing in the youth pretrial intervention court at
4747 which that court determines that a dismissal is in the best interest
4848 of justice, the youth pretrial intervention court shall provide to
4949 the court in which the criminal case is pending information about
5050 the dismissal and shall include all of the information required
5151 about the defendant for a petition for expunction under Section
5252 2(b), Article 55.02, Code of Criminal Procedure. The court in which
5353 the criminal case is pending shall dismiss the case against the
5454 defendant and:
5555 (1) if that trial court is a district court, the court
5656 may, with the consent of the attorney representing the state, enter
5757 an order of expunction on behalf of the defendant under Section
5858 1a(a-3), Article 55.02, Code of Criminal Procedure; or
5959 (2) if that trial court is not a district court, the
6060 court may, with the consent of the attorney representing the state,
6161 forward the appropriate dismissal and expunction information to
6262 enable a district court with jurisdiction to enter an order of
6363 expunction on behalf of the defendant under Section 1a(a-3),
6464 Article 55.02, Code of Criminal Procedure.
6565 Sec. 127.002. ESTABLISHMENT OF PROGRAM; DEFENDANT
6666 ELIGIBILITY. (a) The commissioners court of a county shall,
6767 subject to Subsections (d) and (e), establish a youth pretrial
6868 intervention program for persons arrested for or charged with an
6969 offense that is punishable as a Class B misdemeanor or any higher
7070 category of offense, other than an offense listed in Article
7171 42A.054(a), Code of Criminal Procedure.
7272 (b) A defendant is eligible to participate in a youth
7373 pretrial intervention program established under this chapter only
7474 if:
7575 (1) the defendant is a child as defined by Section
7676 51.02, Family Code; and
7777 (2) the defendant has not previously been convicted of
7878 or placed on deferred adjudication community supervision for an
7979 offense other than a traffic offense that is punishable by fine
8080 only.
8181 (c) The court in which the criminal case is pending shall
8282 allow an eligible defendant to choose whether to proceed through
8383 the youth pretrial intervention program or otherwise through the
8484 criminal justice system.
8585 (d) The commissioners court of a county is not required to
8686 establish a youth pretrial intervention program in accordance with
8787 this chapter and may require the community supervision and
8888 corrections department serving the county to operate a program
8989 under the authority of Section 76.011(a). A program that is
9090 operated by a community supervision and corrections department is
9191 considered to be a youth pretrial intervention program for purposes
9292 of this chapter.
9393 (e) The commissioners court of a county is not required to
9494 establish or operate a youth pretrial intervention program as
9595 required by Subsection (a) or (d) if establishing or operating the
9696 program would result in the county incurring expenses for which the
9797 county does not have funding.
9898 Sec. 127.003. DUTIES OF YOUTH PRETRIAL INTERVENTION
9999 PROGRAM. (a) A youth pretrial intervention program established
100100 under this chapter must:
101101 (1) ensure that a defendant eligible for participation
102102 in the program is provided legal counsel before electing to proceed
103103 through the program and while participating in the program;
104104 (2) allow a participant to withdraw from the program
105105 at any time before a trial on the merits has been initiated; and
106106 (3) provide a participant with a court-ordered
107107 individualized treatment plan indicating the services that will be
108108 provided to the participant.
109109 (b) A youth pretrial intervention program established under
110110 this chapter shall make, establish, and publish local procedures to
111111 ensure maximum participation of eligible defendants in the county
112112 or counties in which those defendants reside.
113113 (c) A youth pretrial intervention program may allow a
114114 participant to comply with the participant's court-ordered
115115 individualized treatment plan or to fulfill certain other court
116116 obligations through the use of videoconferencing software or other
117117 Internet-based communications.
118118 (d) This chapter does not prevent the initiation of
119119 procedures under Chapter 46B, Code of Criminal Procedure.
120120 Sec. 127.004. CONDITIONS OF PROGRAM. (a) A program
121121 participant charged with an offense punishable as a Class B
122122 misdemeanor may not be required to spend more than one year in the
123123 program and may not be required to perform more than 24 hours of
124124 community service as part of the program.
125125 (b) A program participant charged with an offense
126126 punishable as a Class A misdemeanor or state jail felony may not be
127127 required to spend more than two years in the program and may not be
128128 required to perform more than 24 hours of community service as part
129129 of the program.
130130 (c) A program participant charged with an offense
131131 punishable as a felony of the third degree may not be required to
132132 spend more than three years in the program and may not be required
133133 to perform more than 50 hours of community service as part of the
134134 program.
135135 (d) A program participant charged with an offense
136136 punishable as a felony of the second degree may not be required to
137137 spend more than four years in the program and may not be required to
138138 perform more than 75 hours of community service as part of the
139139 program.
140140 (e) A program participant charged with an offense
141141 punishable as a felony of the first degree may not be required to
142142 spend more than five years in the program and may not be required to
143143 perform more than 100 hours of community service as part of the
144144 program.
145145 Sec. 127.005. SUPERVISION OF PARTICIPANTS. The community
146146 supervision and corrections department serving the county in which
147147 the program is operated shall supervise program participants.
148148 Sec. 127.006. ESTABLISHMENT OF REGIONAL PROGRAM. The
149149 commissioners courts of two or more counties may elect to establish
150150 a regional youth pretrial intervention program under this chapter
151151 for the participating counties.
152152 Sec. 127.007. REIMBURSEMENT FEES. (a) A youth pretrial
153153 intervention program established under this chapter may collect
154154 from a participant in the program:
155155 (1) a reasonable reimbursement fee for the program;
156156 and
157157 (2) a testing, counseling, and treatment
158158 reimbursement fee in an amount necessary to cover the costs of any
159159 testing, counseling, or treatment performed or provided under the
160160 program.
161161 (b) Reimbursement fees collected under this section may be
162162 paid on a periodic basis or on a deferred payment schedule at the
163163 discretion of the judge, magistrate, or coordinator. The fees must
164164 be:
165165 (1) based on the participant's ability to pay; and
166166 (2) used only for purposes specific to the program.
167167 Sec. 127.008. COURTESY SUPERVISION. (a) A youth pretrial
168168 intervention program that accepts placement of a defendant may
169169 transfer responsibility for supervising the defendant's
170170 participation in the program to another youth pretrial intervention
171171 program that is located in the county where the defendant works or
172172 resides. The defendant's supervision may be transferred under this
173173 section only with the consent of both youth pretrial intervention
174174 programs and the defendant.
175175 (b) A defendant who consents to the transfer of the
176176 defendant's supervision must agree to abide by all rules,
177177 requirements, and instructions of the youth pretrial intervention
178178 program that accepts the transfer.
179179 (c) If a defendant whose supervision is transferred under
180180 this section does not successfully complete the program, the youth
181181 pretrial intervention program supervising the defendant shall
182182 return the responsibility for the defendant's supervision to the
183183 youth pretrial intervention program that initiated the transfer.
184184 SECTION 1.02. Article 59.062(f), Code of Criminal
185185 Procedure, is amended to read as follows:
186186 (f) A civil penalty collected under this article shall be
187187 deposited to the credit of the drug court account in the general
188188 revenue fund to help fund specialty court programs established
189189 under Chapter 122, 123, 124, 125, 127, or 129, Government Code, or
190190 former law.
191191 SECTION 1.03. Section 509.011, Government Code, is amended
192192 by adding Subsection (a-1) to read as follows:
193193 (a-1) The supervision by a department of a participant in a
194194 youth pretrial intervention program under Chapter 127 or other law
195195 constitutes supervision by the department pursuant to lawful
196196 authority for purposes of Subsection (a).
197197 SECTION 1.04. Section 772.0061(a)(2), Government Code, is
198198 amended to read as follows:
199199 (2) "Specialty court" means:
200200 (A) a commercially sexually exploited persons
201201 court program established under Chapter 126 or former law;
202202 (B) a family drug court program established under
203203 Chapter 122 or former law;
204204 (C) a drug court program established under
205205 Chapter 123 or former law;
206206 (D) a veterans treatment court program
207207 established under Chapter 124 or former law;
208208 (E) a mental health court program established
209209 under Chapter 125 or former law;
210210 (F) a youth pretrial intervention program
211211 established under Chapter 127; and
212212 (G) [(F)] a public safety employees treatment
213213 court program established under Chapter 129.
214214 SECTION 1.05. Section 772.0061(b), Government Code, is
215215 amended to read as follows:
216216 (b) The governor shall establish the Specialty Courts
217217 Advisory Council within the criminal justice division established
218218 under Section 772.006 to:
219219 (1) evaluate applications for grant funding for
220220 specialty courts in this state and to make funding recommendations
221221 to the criminal justice division; and
222222 (2) make recommendations to the criminal justice
223223 division regarding best practices for specialty courts established
224224 under Chapter 122, 123, 124, 125, 127, or 129 or former law.
225225 ARTICLE 2. AUTOMATIC EXPUNCTION
226226 SECTION 2.01. Article 55.01(a), Code of Criminal Procedure,
227227 is amended to read as follows:
228228 (a) A person who has been placed under a custodial or
229229 noncustodial arrest for commission of either a felony or
230230 misdemeanor is entitled to have all records and files relating to
231231 the arrest expunged if:
232232 (1) the person is tried for the offense for which the
233233 person was arrested and is:
234234 (A) acquitted by the trial court, except as
235235 provided by Subsection (c);
236236 (B) convicted and subsequently:
237237 (i) pardoned for a reason other than that
238238 described by Subparagraph (ii); or
239239 (ii) pardoned or otherwise granted relief
240240 on the basis of actual innocence with respect to that offense, if
241241 the applicable pardon or court order clearly indicates on its face
242242 that the pardon or order was granted or rendered on the basis of the
243243 person's actual innocence; or
244244 (C) convicted of an offense committed before
245245 September 1, 2021, under Section 46.02(a), Penal Code, as that
246246 section existed before that date; or
247247 (2) the person has been released and the charge, if
248248 any, has not resulted in a final conviction and is no longer pending
249249 and there was no court-ordered community supervision under Chapter
250250 42A for the offense, unless the offense is a Class C misdemeanor,
251251 provided that:
252252 (A) regardless of whether any statute of
253253 limitations exists for the offense and whether any limitations
254254 period for the offense has expired, an indictment or information
255255 charging the person with the commission of a misdemeanor offense
256256 based on the person's arrest or charging the person with the
257257 commission of any felony offense arising out of the same
258258 transaction for which the person was arrested:
259259 (i) has not been presented against the
260260 person at any time following the arrest, and:
261261 (a) at least 180 days have elapsed
262262 from the date of arrest if the arrest for which the expunction was
263263 sought was for an offense punishable as a Class C misdemeanor and if
264264 there was no felony charge arising out of the same transaction for
265265 which the person was arrested;
266266 (b) at least one year has elapsed from
267267 the date of arrest if the arrest for which the expunction was sought
268268 was for an offense punishable as a Class B or A misdemeanor and if
269269 there was no felony charge arising out of the same transaction for
270270 which the person was arrested;
271271 (c) at least three years have elapsed
272272 from the date of arrest if the arrest for which the expunction was
273273 sought was for an offense punishable as a felony or if there was a
274274 felony charge arising out of the same transaction for which the
275275 person was arrested; or
276276 (d) the attorney representing the
277277 state certifies that the applicable arrest records and files are
278278 not needed for use in any criminal investigation or prosecution,
279279 including an investigation or prosecution of another person; or
280280 (ii) if presented at any time following the
281281 arrest, was dismissed or quashed, and the court finds that the
282282 indictment or information was dismissed or quashed because:
283283 (a) the person completed a veterans
284284 treatment court program created under Chapter 124, Government Code,
285285 or former law, subject to Subsection (a-3);
286286 (b) the person completed a mental
287287 health court program created under Chapter 125, Government Code, or
288288 former law, subject to Subsection (a-4);
289289 (c) the person completed a youth
290290 pretrial intervention program created under Chapter 127,
291291 Government Code;
292292 (d) the person completed a pretrial
293293 intervention program authorized under Section 76.011, Government
294294 Code, other than a veterans treatment court program created under
295295 Chapter 124, Government Code, or former law, [or] a mental health
296296 court program created under Chapter 125, Government Code, or former
297297 law, or a youth pretrial intervention program created under Chapter
298298 127, Government Code;
299299 (e) [(d)] the presentment had been
300300 made because of mistake, false information, or other similar reason
301301 indicating absence of probable cause at the time of the dismissal to
302302 believe the person committed the offense; or
303303 (f) [(e)] the indictment or
304304 information was void; or
305305 (B) prosecution of the person for the offense for
306306 which the person was arrested is no longer possible because the
307307 limitations period has expired.
308308 SECTION 2.02. Section 1a, Article 55.02, Code of Criminal
309309 Procedure, is amended by adding Subsection (a-3) to read as
310310 follows:
311311 (a-3) A trial court dismissing a case following a person's
312312 successful completion of a youth pretrial intervention program
313313 created under Chapter 127, Government Code, if the trial court is a
314314 district court or a district court in the county in which the trial
315315 court is located, may, with the consent of the attorney
316316 representing the state, enter an order of expunction for a person
317317 entitled to expunction under Article 55.01(a)(2)(A)(ii)(c) not
318318 later than the 30th day after the date the court dismisses the case
319319 or receives the information regarding that dismissal, as
320320 applicable. Notwithstanding any other law, a court that enters an
321321 order for expunction under this subsection may not charge any fee or
322322 assess any cost for the expunction.
323323 SECTION 2.03. Article 102.006(b-1), Code of Criminal
324324 Procedure, is amended to read as follows:
325325 (b-1) The fees under Subsection (a) shall be waived if the
326326 petitioner is entitled to expunction:
327327 (1) under Article 55.01(a)(2)(A)(ii)(a) after
328328 successful completion of a veterans treatment court program created
329329 under Chapter 124, Government Code, or former law; [or]
330330 (2) under Article 55.01(a)(2)(A)(ii)(b) after
331331 successful completion of a mental health court program created
332332 under Chapter 125, Government Code, or former law; or
333333 (3) under Article 55.01(a)(2)(A)(ii)(c) after
334334 successful completion of a youth pretrial intervention program
335335 created under Chapter 127, Government Code.
336336 ARTICLE 3. TRANSITION; EFFECTIVE DATE
337337 SECTION 3.01. The changes in law made by this Act apply only
338338 to an offense committed on or after the effective date of this Act.
339339 An offense committed before the effective date of this Act is
340340 governed by the law in effect on the date the offense was committed,
341341 and the former law is continued in effect for that purpose. For
342342 purposes of this section, an offense was committed before the
343343 effective date of this Act if any element of the offense occurred
344344 before that date.
345345 SECTION 3.02. This Act takes effect September 1, 2023.