| 1 | 1 | | 88R10894 EAS-F |
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| 2 | 2 | | By: Raymond H.B. No. 2864 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the eligibility of service members and veterans to |
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| 8 | 8 | | participate in a veterans treatment court program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 124.002(a), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) The commissioners court of a county may establish a |
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| 13 | 13 | | veterans treatment court program for persons arrested for, charged |
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| 14 | 14 | | with, convicted of, or placed on deferred adjudication community |
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| 15 | 15 | | supervision for any misdemeanor or felony offense. Except for good |
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| 16 | 16 | | cause shown by an attorney representing the state to deny a |
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| 17 | 17 | | defendant's participation in the program, a [A] defendant is |
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| 18 | 18 | | eligible to participate in a veterans treatment court program |
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| 19 | 19 | | established under this chapter [only if the attorney representing |
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| 20 | 20 | | the state consents to the defendant's participation in the program |
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| 21 | 21 | | and] if the court in which the criminal case is pending or in which |
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| 22 | 22 | | the defendant was convicted or placed on deferred adjudication |
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| 23 | 23 | | community supervision, as applicable, finds that the defendant is a |
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| 24 | 24 | | veteran or current member of the United States armed forces, |
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| 25 | 25 | | including a member of the reserves, national guard, or state guard, |
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| 26 | 26 | | who: |
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| 27 | 27 | | (1) suffers from a brain injury, mental illness, or |
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| 28 | 28 | | mental disorder, including post-traumatic stress disorder, or was a |
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| 29 | 29 | | victim of military sexual trauma if the injury, illness, disorder, |
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| 30 | 30 | | or trauma: |
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| 31 | 31 | | (A) occurred during or resulted from the |
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| 32 | 32 | | defendant's military service; and |
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| 33 | 33 | | (B) affected the defendant's criminal conduct at |
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| 34 | 34 | | issue in the case; or |
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| 35 | 35 | | (2) is a defendant whose participation in a veterans |
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| 36 | 36 | | treatment court program, considering the circumstances of the |
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| 37 | 37 | | defendant's conduct, personal and social background, and criminal |
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| 38 | 38 | | history, is likely to achieve the objective of ensuring public |
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| 39 | 39 | | safety through rehabilitation of the veteran in the manner provided |
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| 40 | 40 | | by Section 1.02(1), Penal Code. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2023. |
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