88R24332 LHC-D
By: Wilson H.B. No. 3882
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a defendant to participate in a
veterans treatment court program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 124.002, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) The commissioners court of a county may establish a
veterans treatment court program for persons arrested for, charged
with, convicted of, or placed on deferred adjudication community
supervision for any misdemeanor or felony offense. A defendant is
eligible to participate in a veterans treatment court program
established under this chapter only if:
(1) the attorney representing the state consents to
the defendant's participation in the program, subject to Subsection
(a-1); and
(2) [if] the court in which the criminal case is
pending or in which the defendant was convicted or placed on
deferred adjudication community supervision, as applicable, finds
that the defendant is a veteran or current member of the United
States armed forces, including a member of the reserves, national
guard, or state guard, who:
(A) [(1)] suffers from a brain injury, mental
illness, or mental disorder, including post-traumatic stress
disorder, or was a victim of military sexual trauma if the injury,
illness, disorder, or trauma:
(i) [(A)] occurred during or resulted from
the defendant's military service; and
(ii) [(B)] affected the defendant's
criminal conduct at issue in the case; or
(B) [(2)] is a defendant whose participation in a
veterans treatment court program, considering the circumstances of
the defendant's conduct, personal and social background, and
criminal history, is likely to achieve the objective of ensuring
public safety through rehabilitation of the veteran in the manner
provided by Section 1.02(1), Penal Code.
(a-1) If, not later than the 30th day after the date the
defendant makes a request to participate in a veterans treatment
court program and provides to the court proof of matters described
by Subsection (a) as required by Subsection (c), the attorney
representing the state has not consented to the defendant's
participation in the program under Subsection (a)(1), the defendant
may file a motion requesting the court in which the criminal case is
pending or in which the defendant was convicted or placed on
deferred adjudication community supervision, as applicable, to
review the defendant's request to participate in the program. The
court may allow the defendant to participate in the veterans
treatment court program if the court finds that the defendant
otherwise meets the eligibility requirements described by
Subsection (a)(2) and all other eligibility requirements
prescribed by the specific veterans treatment court program in
which the defendant seeks to participate.
(a-2) Before allowing a defendant to participate in a
veterans treatment court program as provided by Subsection (a-1),
the court shall provide the attorney representing the state an
opportunity to explain the attorney's reason for not consenting to
the defendant's participation. If the court allows a defendant to
participate in the program without the consent of the attorney
representing the state, the court shall provide written notice of
that decision to the attorney representing the state and to the
defendant not later than the 10th day after the date the court makes
the decision.
SECTION 2. The change in law made by this Act applies only
to a criminal case that is pending on or commences on or after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.