| 1 | 1 | | 88R24332 LHC-D |
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| 2 | 2 | | By: Wilson H.B. No. 3882 |
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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 a defendant to participate in a |
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| 8 | 8 | | 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, Government Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) The commissioners court of a county may establish a |
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| 14 | 14 | | veterans treatment court program for persons arrested for, charged |
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| 15 | 15 | | with, convicted of, or placed on deferred adjudication community |
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| 16 | 16 | | supervision for any misdemeanor or felony offense. A defendant is |
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| 17 | 17 | | eligible to participate in a veterans treatment court program |
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| 18 | 18 | | established under this chapter only if: |
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| 19 | 19 | | (1) the attorney representing the state consents to |
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| 20 | 20 | | the defendant's participation in the program, subject to Subsection |
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| 21 | 21 | | (a-1); and |
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| 22 | 22 | | (2) [if] the court in which the criminal case is |
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| 23 | 23 | | pending or in which the defendant was convicted or placed on |
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| 24 | 24 | | deferred adjudication community supervision, as applicable, finds |
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| 25 | 25 | | that the defendant is a veteran or current member of the United |
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| 26 | 26 | | States armed forces, including a member of the reserves, national |
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| 27 | 27 | | guard, or state guard, who: |
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| 28 | 28 | | (A) [(1)] suffers from a brain injury, mental |
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| 29 | 29 | | illness, or mental disorder, including post-traumatic stress |
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| 30 | 30 | | disorder, or was a victim of military sexual trauma if the injury, |
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| 31 | 31 | | illness, disorder, or trauma: |
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| 32 | 32 | | (i) [(A)] occurred during or resulted from |
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| 33 | 33 | | the defendant's military service; and |
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| 34 | 34 | | (ii) [(B)] affected the defendant's |
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| 35 | 35 | | criminal conduct at issue in the case; or |
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| 36 | 36 | | (B) [(2)] is a defendant whose participation in a |
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| 37 | 37 | | veterans treatment court program, considering the circumstances of |
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| 38 | 38 | | the defendant's conduct, personal and social background, and |
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| 39 | 39 | | criminal history, is likely to achieve the objective of ensuring |
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| 40 | 40 | | public safety through rehabilitation of the veteran in the manner |
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| 41 | 41 | | provided by Section 1.02(1), Penal Code. |
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| 42 | 42 | | (a-1) If, not later than the 30th day after the date the |
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| 43 | 43 | | defendant makes a request to participate in a veterans treatment |
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| 44 | 44 | | court program and provides to the court proof of matters described |
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| 45 | 45 | | by Subsection (a) as required by Subsection (c), the attorney |
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| 46 | 46 | | representing the state has not consented to the defendant's |
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| 47 | 47 | | participation in the program under Subsection (a)(1), the defendant |
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| 48 | 48 | | may file a motion requesting the court in which the criminal case is |
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| 49 | 49 | | pending or in which the defendant was convicted or placed on |
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| 50 | 50 | | deferred adjudication community supervision, as applicable, to |
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| 51 | 51 | | review the defendant's request to participate in the program. The |
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| 52 | 52 | | court may allow the defendant to participate in the veterans |
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| 53 | 53 | | treatment court program if the court finds that the defendant |
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| 54 | 54 | | otherwise meets the eligibility requirements described by |
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| 55 | 55 | | Subsection (a)(2) and all other eligibility requirements |
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| 56 | 56 | | prescribed by the specific veterans treatment court program in |
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| 57 | 57 | | which the defendant seeks to participate. |
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| 58 | 58 | | (a-2) Before allowing a defendant to participate in a |
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| 59 | 59 | | veterans treatment court program as provided by Subsection (a-1), |
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| 60 | 60 | | the court shall provide the attorney representing the state an |
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| 61 | 61 | | opportunity to explain the attorney's reason for not consenting to |
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| 62 | 62 | | the defendant's participation. If the court allows a defendant to |
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| 63 | 63 | | participate in the program without the consent of the attorney |
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| 64 | 64 | | representing the state, the court shall provide written notice of |
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| 65 | 65 | | that decision to the attorney representing the state and to the |
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| 66 | 66 | | defendant not later than the 10th day after the date the court makes |
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| 67 | 67 | | the decision. |
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| 68 | 68 | | SECTION 2. The change in law made by this Act applies only |
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| 69 | 69 | | to a criminal case that is pending on or commences on or after the |
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| 70 | 70 | | effective date of this Act. |
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| 71 | 71 | | SECTION 3. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2023. |
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