Texas 2023 - 88th Regular

Texas House Bill HB4962 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R13441 MCF-D
2	2	By: Garcia H.B. No. 4962
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of a defendant to participate in a
8	8	veterans treatment court program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 124.002, Government Code, is amended by
11	11	amending Subsection (a) and adding Subsection (a-1) to read as
12	12	follows:
13	13	(a) The commissioners court of a county may establish a
14	14	veterans treatment court program for persons arrested for, charged
15	15	with, convicted of, or placed on deferred adjudication community
16	16	supervision for any misdemeanor or felony offense. A defendant is
17	17	eligible to participate in a veterans treatment court program
18	18	established under this chapter only if:
19	19	(1) the attorney representing the state consents to
20	20	the defendant's participation in the program, subject to Subsection
21	21	(a-1); and
22	22	(2) [if] the court in which the criminal case is
23	23	pending or in which the defendant was convicted or placed on
24	24	deferred adjudication community supervision, as applicable, finds
25	25	that the defendant is a veteran or current member of the United
26	26	States armed forces, including a member of the reserves, national
27	27	guard, or state guard, who:
28	28	(A) [(1)] suffers from a brain injury, mental
29	29	illness, or mental disorder, including post-traumatic stress
30	30	disorder, or was a victim of military sexual trauma if the injury,
31	31	illness, disorder, or trauma:
32	32	(i) [(A)] occurred during or resulted from
33	33	the defendant's military service; and
34	34	(ii) [(B)] affected the defendant's
35	35	criminal conduct at issue in the case; or
36	36	(B) [(2)] is a defendant whose participation in a
37	37	veterans treatment court program, considering the circumstances of
38	38	the defendant's conduct, personal and social background, and
39	39	criminal history, is likely to achieve the objective of ensuring
40	40	public safety through rehabilitation of the veteran in the manner
41	41	provided by Section 1.02(1), Penal Code.
42	42	(a-1) If an attorney representing the state does not consent
43	43	to a defendant's participation in a veterans treatment court
44	44	program under Subsection (a)(1), the defendant may file a motion
45	45	requesting the court in which the criminal case is pending or in
46	46	which the defendant was convicted or placed on deferred
47	47	adjudication community supervision, as applicable, to review the
48	48	decision of the attorney representing the state. If the court finds
49	49	that the defendant otherwise meets the eligibility requirements
50	50	described by Subsection (a)(2), the court may allow the defendant
51	51	to participate in the program.
52	52	SECTION 2. The change in law made by this Act applies only
53	53	to a criminal case that is pending on or commences on or after the
54	54	effective date of this Act.
55	55	SECTION 3. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2023.